Terms and conditions

These General Conditions of Sale (“CGV”) apply, without restriction or reservation, to all sales of products (“Products”) concluded by UZUEL, EI with capital of 1000 euros, in the Marseille Trade and Companies Register with non-professional consumers and buyers (“Client(s)”) on the website www.uzuel.com (“Site”), accessible from mainland France.

The General Terms and Conditions specify in particular the conditions of ordering, payment, delivery and management of possible returns of products ordered by Customers.


For the purposes hereof, it is agreed that the Client and  shall also be collectively referred to as the “Parties” and individually referred to as the “Party”.

The General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to other distribution and marketing channels.

These General Terms and Conditions are accessible at any time on the site and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Terms and Conditions and all the information listed in article L. 221-5 of the Consumer Code, and having accepted said information as well as the General Terms and Conditions, when creating an account on uzuel.com before implementing the online order validation procedure.

UZUEL Products are exclusively intended to be sold to final consumers, natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer declares to act as a final consumer and that he does not intend to resell, directly or indirectly, the UZUEL Products for commercial purposes, this commitment constitutes an essential condition for UZUEL.

The customer certifies having the legal capacity to enter into the commitments provided for herein.


These General Terms and Conditions may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the site on the date the order is placed.

Unless proven otherwise, the data recorded in the UZUEL computer system constitute proof of all transactions concluded with the Customer.

The Customer acknowledges having the required capacity to contract and acquire the products offered on the site.

ARTICLE 1 • PRODUCTS

The products offered for sale by UZUEL are those appearing on the site on the day of its consultation by the Customer.

In accordance with article L. 111-1 of the Consumer Code, the customer can, prior to any order, read on the site the essential characteristics of the product(s) he wishes to order by clicking on the link corresponding to the product. Each product is the subject of a descriptive sheet which, in addition to the photograph, contains: the price and colors available, the composition, as well as, where applicable, special characteristics. Minimal differences between a product and its photograph may exist, in particular due to the resolution and color definition of the user's screen.

UZUEL is committed to delivering products that meet the requirements in force relating to the safety and health of people in accordance with European provisions, and in particular the legislation on regulated chemical substances .

UZUEL reserves the right to modify the list and product ranges at any time.

Product offers are within the limits of available stocks, as specified when placing the order, and are valid, in the absence of a specific duration indication, as long as the products appear on the site.

Provisions specific to Pre-order

Pre-order means the possibility for the customer to reserve certain Products indicated on the Site before their marketing date (hereinafter the “Pre-order” or the “Product pre-ordered").

Provisions specific to Personalization or the creation of a Custom product

Personalization refers to the possibility for the customer to adapt or personalize certain Products from the UZUEL collections (hereinafter “Personalization” or “Customized product").

Product Availability

Product offers are valid while stocks last. Indeed, at the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example in the case of simultaneous orders for the same product by several customers). The sale is therefore conditional on the availability of Products in stock. Furthermore, UZUEL reserves ownership of the Products until payment for the Products in accordance with the provisions of article 3 below.

The availability date of a pre-ordered Product or a Personalized or tailor-made Product will be expressly indicated on the product sheet. If the availability date changes, you will be immediately informed by email and/or in your customer account.

In the event of Product unavailability after placing your order, we will inform you by e-mail or by telephone as soon as possible, offering you either to order another Product presented on the Replacement site, or to cancel your order.

UZUEL incurs no liability in the event of stock shortage or unavailability of the Products.

UZUEL reserves the right to change the Products offered on the Site and/or by telephone at any time and without notice.

In order to ensure better quality of service and availability of our Products to all of its customers, UZUEL reserves the right to limit the quantity of Products that can be purchased by a customer, in accordance with the applicable provisions in this area and in particular those of Article L. 121-11 of the Consumer Code.

ARTICLE 2 • PRICE

In accordance with article L. 112-1 of the Consumer Code, the sales prices of the products are indicated, for each product, on the site in euros and all taxes included. The prices applicable to the sale of products on the site are those in force on the day the customer's order is placed.

In the event of a special order or creation of a tailor-made product, UZUEL will send the Customer a quote prior to the order.

If the quote is accepted, the customer will place his order according to the terms provided for in article 3 below.

They do not include delivery costs, invoiced in addition to the price of the products purchased and the amount of which is indicated to the customer before validation of the order.Delivery costs are communicated to the customer on the order summary before validation of the latter and are expressed all taxes included.

The transfer of risks of loss and deterioration of the products will be carried out after delivery and receipt of the products by the customer.

ARTICLE 3 • ORDER AND PAYMENT FOR PRODUCTS

  • 1 Order placement

The customer completes their order by completing the following 5 steps:

Step 1: The customer selects the chosen product(s) and adds it to their electronic “basket” after selecting the desired color.

The basket located at the top right of the screen informs the customer that their selections have been taken into account by indicating the number of products it contains.

Step 2: The customer checks the contents of his basket by clicking on “place my order” in order to have access to the summary of his order. The customer can then modify their order (product, quantity).

The total amount including tax of the order then indicates in the summary the price due for the products.

Step 3: Once the order has been verified and, if necessary, modified, the customer validates their basket in order to finalize their order by clicking on “place my order” .

If the customer has an advantage code issued by UZUEL, he must enter it in the space provided for this purpose in order to benefit from it.

Step 4: The customer enters their delivery and billing details and proceeds to create their customer account.

All fields are necessary to finalize the order, it being specified that unless otherwise indicated by the customer, the billing address will automatically be the one indicated as the delivery address.

When creating an account, the customer must enter an email address, which becomes the identifier of their account as well as the other required information (title, name, first name, password) in the appropriate fields. If the customer has already placed an order on the site, he has a customer account. In such a case, he will identify himself only with his email address and password.

The customer then checks all the information and clicks on “continue” to continue their order.

Step 5: Entering bank details

The customer will then access the secure payment screen of the UZUEL< partner t2> as specified in Article 3.3 below.

Payment is made online by credit card or PayPal only.

The customer must enter their bank card number, its expiry date as well as the 3 numbers of the visual cryptogram present on the back of their card, it being specified that in the event of payment by American Express card, the customer must communicate 4 digits.

If payment is accepted, the customer will be redirected to an order confirmation screen on the site.

In the event of payment failure, the customer will have up to 3 attempts to re-enter their bank details. After the 3rdth refusal, the customer will be redirected on the site to a screen informing them of the payment refusal. The customer will then be invited to contact UZUEL customer service to find out the reasons and together find a solution to finalize the customer's order.

  • 2 Order confirmation

As soon as the customer's payment is accepted, the customer will receive an email confirming their order, summarizing all the items ordered, the billing and delivery address.

Validation of the order by the customer and the order confirmation sent to the customer by email by UZUEL following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions.

The customer who has placed an order will be able to print their invoice by connecting to the site in the order tracking area provided for this purpose.

UZUEL reserves the right not to validate the order in the event of legitimate reasons and in particular in the event of:

  • abnormal or abusive complaints,
  • abnormal orders in relation to the quantities ordered,
  • abnormal or abusive exchanges and returns,
  • existing dispute(s) with the customer,
  • stock error.

UZUEL customer service is available to the Customer for any questions relating to their order. Customer service is available by email at the following address: hello@uzuel.com.

  • 3 Payment

The price of the products purchased is payable in cash, in full on the day the order is placed by the customer. Payment is made online by bank card (Visa Card, / Mastercard / American Express) or by PayPal when the customer validates the order.

The request for authorization to debit the card is made at the time of validation of the order on the site, except in the event of unavailability of the servers. UZUEL reserves the right to make a new direct debit authorization request in the event that the first could not be completed due to unavailability of the servers.

In the event of non-payment, an incorrect address or any other problem on the customer's account, UZUEL reserves the right to block the customer's order until 'to the resolution of the problem.

In the event of fraudulent use of their bank card on the site, the Customer is invited to contact their bank and UZUEL by email at the following address: hello@uzuel.com

Transactions carried out on the site are secured by the payment system of UZUEL's partner, the company Stripe payments Europe ("Stripe"), an Irish company whose head office is located in The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.

All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol, more information can be consulted on the site: https://stripe.com/help/ssl. This data cannot be detected, intercepted or used by third parties. At no time do the customer's banking data pass through the UZUEL computer system.

As Stripe is a technical service provider, it does not handle disputes related to orders, which are processed directly by UZUEL as specified above or, where applicable, by the bank client.

RESERVATION OF PROPERTY

The Products ordered remain the property of UZUEL until full payment of the price by UZUEL.
On the other hand, the customer assumes the risks (in particular loss, theft or deterioration) linked to the Products delivered from their delivery to the address indicated when ordering.

  • 4 Archiving the order

The order confirmation is recorded in the registers of madamemode, which are themselves kept on a reliable and durable medium. The customer accepts that the order confirmation is considered proof of the contractual relations between the Parties.

ARTICLE 4 • DELIVERY

UZUEL delivers orders accompanied by a delivery note within fifteen (15) working days for delivery to Metropolitan France, and twenty (20) days worked for delivery to Belgium, Luxembourg and the rest of Europe, from the day following payment of the order except for special orders for which UZUEL will inform the customer of the specific delivery time.

During sales periods, your package preparation and delivery times may be extended. We thank you for your patience and understanding.

Any order placed on the site from Monday to Friday before 2 p.m. will be processed the same day; Monday to Thursday after 2 p.m., it will be processed the following day. Any order placed on Friday after 2 p.m., Saturday and Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed the following working day.

Except special or tailor-made orders, in the event of a delivery time exceeding thirty (30) days compared to the delivery time indicated in the confirmation of the order, not justified by force major, the customer may request the cancellation of the sale and obtain, within a maximum period of twenty (20) days from receipt of the written notice of the sale, the reimbursement of the sums paid on the occasion of the sale.

In the event of unavailability of a product, noted after order confirmation, UZUEL will inform the customer within 24 hours from confirmation of the order and will propose an extension of the initial delivery time. In the event of refusal by the customer, UZUEL will immediately cancel the order and reimburse the sums paid by the customer.

For orders outside France, when the package intended for export reaches its destination, it will be the recipient's responsibility to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide useful information to customers for this purpose.

ARTICLE 5 • RECEIPT OF THE ORDER – COMPLAINTS – RETURNS

  • 1 Receipt of the Order

The customer is required to check the conformity of the products received in execution of his order at the time of delivery. If the customer notices that the package containing the product or that the product itself has been damaged, he is asked to specify this on the carrier's delivery note.

Any anomaly concerning delivery such as:

  • damaged packages,
  • missing products,
  • damaged products,
  • products not in conformity with the order,

must be notified within the legal deadlines following receipt of the order.

This notification will be sent to UZUEL customer service either by registered mail, by writing to the following address: UZUEL, or by email to hello@uzuel.com

  • 2 Legal guarantees

All products benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and the legal guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.

When acting as a legal guarantee of conformity, the customer:

  • is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. Any lack of conformity which appears within this period is presumed to exist at the time of delivery, unless proven otherwise, in accordance with art. L 217-7 of the Consumer Code;
  • benefits from a period of two years to act from the delivery of the goods;
  • may choose between repair or replacement of the goods, subject to certain cost conditions provided for by articles L. 217-9 et seq. of the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The customer may 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, the customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

  • 3 Returns of non-compliant product(s)

For any return of non-compliant product(s), the customer must respect the following procedure:

  • The customer must attach the order number to their package.
  • No returns can be accepted without the order number and without a return request previously made.
  • The products must be returned either in their original packaging (when possible), or in packaging protecting the product against any deterioration, with their label and any accessories allowing their re-marketing. The delivery address will be provided by our services depending on the type of return.

Return costs are the responsibility of the customer EXCEPT in the event of a product defect.

In the event of a defect in our product: the customer must return the product to us at his own expense but a reimbursement of the return costs will be added to the reimbursement of the total product with a maximum return reimbursement amount of 5 euros ( ex. : Purchasing an item for 20 euros, the customer detects a defect. He can return the product to us for a return of around 5 euros, we will refund 25 euros.)

When non-compliance has been noted, UZUEL will offer the customer reimbursement of the price of the order (price of the products and delivery costs), at the latest within fourteen (14) days from the date of delivery. date of sending of the notification of confirmation of non-compliance by the customer service of the site UZUEL.

In the event of a refund, UZUEL will ensure reimbursement for all products made compliant with the exception of taxes and customs duties paid by the customer upon delivery.

Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, UZUEL will reimburse postal return costs up to the price list (Colissimo delivery without registered mail) displayed by La Poste on 1er March of the current year. The customer must send proof of the return costs incurred to customer service, by email or by post.

In the event of abnormal or abusive complaints, UZUEL may refuse to serve a subsequent order.

ARTICLE 6 • RIGHT OF WITHDRAWAL

  1. Rights and withdrawal period

The customer has a legal right of withdrawal which he can exercise under the conditions provided for by articles L221-18 and L221-20 of the Consumer Code, if he meets the conditions set by these provisions, without having to justify reasons and without having to pay penalties.

The customer may withdraw within fourteen days from the date of delivery of the Products, without having to give reasons and without having to pay a penalty. After this period, the customer can no longer exercise his right of withdrawal.

6.2 Conditions for exercising the right of withdrawal

The Customer has the possibility to complete and transmit his withdrawal declaration online by connecting to his customer account. He will then receive confirmation of his withdrawal by email without delay.
The Customer can also send his/her withdrawal request by contacting our Customer Service or use the model withdrawal form available in the appendix to these General Conditions of Sale.

6.3 Restriction on the right of withdrawal

In accordance with article L. 221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised either for orders for personalized Products or for products made to measure, except when said Products are returned because they are defective.

REMINDER OF APPLICABLE PROVISIONS:

ARTICLE L221-28 OF THE CONSUMER CODE:


The right of withdrawal cannot be exercised for contracts:
(…)
3° Supply of goods made to the consumer's specifications or clearly personalized;

6.4 Consequence of the right of withdrawal

As part of exercising the right of withdrawal or in the event of non-conformity of the Product, the Customer may return the Product(s) purchased by requesting an exchange or reimbursement under the conditions described in article 5 above.


Subject to the conditions mentioned above, UZUEL will refund the amount including tax of the order to the customer (price of the product) excluding return costs and excluding delivery costs. The customer's bank account will be credited with the said amount, within fourteen (14) days from receipt of the products by UZUEL.

The customer is informed that with regard to personalized items, he does not have, in accordance with the law, the right of withdrawal. Indeed, given the unique and personalized nature of personalized items, they cannot be returned.

ARTICLE 7 • AFTER-SALES SERVICE

UZUEL has an after-sales service (“After-Sales Service”) responsible for carrying out repairs or exchanges occurring in particular as part of the implementation of the Legal Guarantee.

For any request, the customer must contact after-sales service by email at the following address: hello@UZUEL.com  by providing photos of the product(s) as well as proof of purchase.

The customer can also go to any store of the UZUEL brand to drop off their item and proof of purchase.

Depending on the findings made, the product will be supported by the UZUEL after-sales service.

Subject to the legal provisions in force, this article will be sent to the UZUEL repair workshop which will decide on the course of action to be taken, namely:

  • in the event of a manufacturing defect noted and validated by the workshop, UZUEL will repair the item free of charge or replace it with a new item of equivalent value,
  • for items out of warranty, the repair is chargeable according to a quote which will be sent to the customer prior to any repair.

ARTICLE 8 • PERSONAL DATA

UZUEL collects a certain amount of information necessary in particular for processing orders.

These data are not only necessary for the processing of the customer's order by UZUEL, but also to communicate to the customer information on the brand UZUEL, on the site or allow them to benefit from commercial offers UZUEL if the customer accepts it by validating their order.

The information is strictly confidential and is indicated by an asterisk (*) when it is necessary for UZUEL and/or its service providers as part of the management of the customer's order.

Due to any injunction from legal authorities or in order to defend its rights or those of its employees, customers or any other person, UZUEL may communicate this data to legally authorized bodies and authorities.

UZUEL undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the customer's personal information from being distorted, damaged or unauthorized third parties have access to it.

The customer's personal information is sent and stored by the site host located in Canada, whose details appear on the site in the “Legal notices” section.

In accordance with the Data Protection Act of January 6, 1978 and European Regulation No. 2016-679 known as the General Data Protection Regulation (GDPR), the customer has the right to access, rectification, limitation, modification, deletion and portability of personal data concerning him.

The customer can thus request access to information which concerns him, to have it rectified, modified, limited, transferred or deleted, or to oppose its processing by UZUEL by writing to UZUEL by email to the address: hello@uzuel.com
All information relating to personal data appears in the confidentiality charter accessible on the site.

ARTICLE 9 • COOKIES

In order to process the customer's order, and in order to better understand their needs and personalize the services offered on the site, UZUEL uses cookies. The cookie is a computer file, stored on the hard drive of the customer's computer, the purpose of which is to signal their visit to the site.

Cookies memorize the customer's visit time on the site, their identity (known through their email address and password) and the contents of their basket. After the customer logs out of the site, this information is stored for 30 (thirty) days before being permanently deleted.

The customer can oppose the recording of cookies by configuring their Internet browser. He then loses any personalization of the service offered to him on the site.

ARTICLE 10 • INTELLECTUAL PROPERTY RIGHT

The presentation and content of the site, including without limitation, its tree structure, brands, logos, domain names, graphics, models, musical works, photographs, animations , the texts, the descriptions and more generally all the elements whether visual (animated or not) and/or sound, as well as the software and programs used to edit the site (the “distinctive signs and contents”) together constitute or separately from distinctive signs or works protected by foreign and international laws and conventions in force regarding intellectual property.

UZUEL is the owner or benefits from the intellectual property rights necessary for the use of the site and each of its distinctive signs and content.

Access to the site does not confer on the customer any right to the intellectual property rights relating to the site or to the distinctive signs and content.

Any total or partial reproduction of the distinctive signs and contents is prohibited, as is the representation, modification, transmission, publication, adaptation, on any medium whatsoever, by any means whatsoever. either, or the exploitation in any way whatsoever of all or part of the site without the prior written authorization of UZUEL.

The creation of any hypertext link to any page of the site is strictly prohibited without the prior written consent of UZUEL.

Use not previously authorized by UZUEL for any reason whatsoever, of all or part of the site may be subject to any appropriate action, including infringement action. .

Hypertext links to other websites provided by UZUEL may be accessible on the site to facilitate navigation for the Internet user. UZUEL, however, has no legal or conventional obligation to verify the content over which it otherwise has no control. The data collected on these sites is not communicated to UZUEL, which is not responsible for their processing. UZUEL cannot be held responsible for the services offered or the information offered by these sites. UZUEL therefore declines all responsibility relating to the content of sites possibly linked to its site.

ARTICLE 11 • LIMITATION OF LIABILITY

The company UZUEL undertakes to ensure the proper execution of the obligations resulting from the sales contract concluded with the customer.

However, the responsibility of UZUEL cannot be engaged in the event of non-execution or poor execution of the sale due either to the customer's actions or to the insurmountable and unforeseeable fact of 'a third party to the contract, or force majeure.

Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, queries or data transfers. information, the risks of interruption, the risks of contamination by viruses circulating on the network and in general all the risks linked to the use of the Internet network.

UZUEL cannot under any circumstances be held responsible for any direct or indirect damage resulting from misuse or incidents linked to the use of the computer, the access to the Internet, maintenance or malfunction of servers, the telephone line or any other technical connection, the customer's connection to the site being done under his entire responsibility.

UZUEL may suspend access, without notice, to the site, for maintenance and updating reasons or for security reasons.

ARTICLE 12 • FORCE MAJEURE

v will not be responsible for the total or partial non-execution of its obligations under the order placed by the customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law.

In such a case, UZUEL will inform the customer of the occurrence of such an event within three (3) clear days following its occurrence.

After a period of one (1) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and will, if necessary, be subject to a reimbursement of UZUEL on the bank card used to place the order within a maximum period of thirty (30) days.

ARTICLE 13 • APPLICABLE LAW

If any of the terms of these General Conditions of Sale are found to be null, illegal or unenforceable by a court decision, the other provisions of the General Conditions of Sale will remain in force.

The General Terms and Conditions are executed and interpreted in accordance with French law.

In the event of a dispute, the customer should contact UZUEL as a priority to obtain an amicable solution and in the absence of an agreement.

The customer may also resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example ) in the event of a dispute.

The Parties may also submit any dispute relating to the General Conditions of Sale and any contract concluded in application thereof to a dispute resolution procedure, as provided for by European Regulation No. 524/2013, by filing a complaint on the following website: ec.europa.eu/consumers.

Any dispute not resolved amicably will be submitted to the competent court.