GENERAL TERMS AND CONDITIONS OF SALE

Online General Terms and Conditions of Sale

New Black Cosmetics, a company registered with the Paris Trade and Companies Register, with its registered office at 34 Avenue des Champs Elysées, 75008 Paris, France. By accessing or using the website, you acknowledge that you have read, understood, and accepted, without limitation or reservation, these online General Terms and Conditions of Sale.

These online General Terms and Conditions of Sale aim to define the terms and conditions of online sales of products by NEW BLACK Cosmetics to customers, as well as the rights and obligations of the parties arising from the online sale of the products offered on the website.

NEW BLACK Cosmetics reserves the right to update the online General Terms and Conditions of Sale at any time.

INTELLECTUAL PROPERTY

All content available on the website, including but not limited to, texts, graphics, logos, icons, images, audio clips, data compilations, software, is the property of NEW BLACK COSMETICS and is protected by copyright laws.

Neither the content nor the trademark may be used, reproduced, duplicated, copied, sold, resold, made available, modified, or exploited in any other way, in whole or in part, for any purpose whatsoever, without our prior written consent.

PRODUCT

The products offered for sale by NEW BLACK COSMETICS are those displayed on the website on the day the customer consults the website, and within the limit of available stocks. NEW BLACK COSMETICS reserves the right to withdraw products from sale at any time.

The information, photos, and graphics in the catalog are indicative only and do not bind the merchant in any way. Any description that may contain incorrect information will be removed from the website or replaced with correct information as soon as possible.

The distribution of products or samples is made in France and internationally.

PRICES

The sale prices of the products are those in effect at the time the order is placed, excluding shipping costs. The sale prices are fixed and are in Euros and British pounds. The sale prices of the products may be changed at any time by the occurrence of external events.

Shipping costs are the responsibility of the customer and are billed in addition to the price of the products, depending on the amount of the order.

The shipping costs will be indicated when the customer places the order.

ORDERS

Orders placed through the website bind the buyer as soon as the buyer’s order is accepted on the website.

From the moment the customer places their order, they are considered to have knowingly and without reservation accepted the prices, volumes, and quantities offered for sale and ordered.

The products are intended for the customer’s personal use. It is not possible to resell the products purchased on the site.

PAYMENT

Unless the server is unavailable, and after final validation of their order, the customer can pay for their order on the site by PayPal or Credit Card (Carte Bleue, Visa, Mastercard).

Payments by check are not accepted.

When the customer opts for online payment by Credit Card, all data entered (card number and expiration date) is immediately encrypted (in SSL mode) and recorded on the secure payment server of our bank, 24 hours a day, 7 days a week. This information is only known to the bank’s servers. No payment data concerning the customer is stored on the website www.newblackcosmetics.com, eliminating any possibility of fraud by hacking the site.

NEW BLACK COSMETICS uses a secure payment tool called “3D Secure.” Payment security is based on buyer authentication and the confidentiality of all data. To ensure this security, Stripe uses proven cryptography techniques and complies with various applicable banking regulations in France.

For any additional information or assistance, the customer will have at their disposal the Customer Service by email at [email protected], Monday to Friday, from 9am to 6pm.

NEW BLACK COSMETICS reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, total non-payment of a previous order by the customer, or refusal of payment authorization by credit card issuing banks.

DELIVERY

The products are delivered by Delivengo or DHL, depending on your choice, within a maximum of 6 to 8 working days for the United Kingdom, and within a period of 10 to 25 working days for the rest of the world.

The delivery fee is calculated as a flat rate as follows:

Delivengo

United Kingdom, for orders under £100: £9

United Kingdom, for orders over £100: free

NEW BLACK COSMETICS reserves the right to modify the delivery fees at any time.

Deliveries will only be made to fixed addresses and therefore exclude hotels, PO boxes, poste restante, non-fixed addresses (camping, caravans, mobile homes, etc.).

Delivery is considered to be made as soon as the product is made available to the customer. It is the customer’s responsibility to check the shipments upon arrival and to make any reservations and claims that would appear justified.

If the products delivered are not in conformity in nature or quality with the specifications indicated in the delivery note, the customer must, under penalty of forfeiture, make his claims in writing to our Customer Service (letter to be sent to: NEW BLACK COSMETICS, 34 avenue des Champs Elysées 75008 Paris France) or by email to [email protected], within eight (8) days after delivery.

RESERVATION OF OWNERSHIP

The seller retains full ownership of the products sold until full payment of the principal price, fees, and taxes included.

The transfer of risks related to the product will take place upon delivery to the carrier of the ordered product. Therefore, it is the customer’s responsibility to take out insurance at his own expense to cover any risks, including damage and loss.

RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS

In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) days from the receipt of the Products ordered on the Site to notify NEW BLACK COSMETICS of their intention to exercise their right of withdrawal.

From the exercise of this right, the Buyer has an additional period of fourteen (14) days to return, at their own expense, the Product(s) they ordered if it/they do(es) not meet their satisfaction, for exchange or cancellation of their order.

However, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for Product(s) that are custom-made or clearly personalized according to the Buyer’s specifications, or for Product(s) that have been opened and/or unsealed and/or used after delivery and that cannot be returned for reasons of hygiene or health protection (especially cosmetic products).

The buyer must return the complete, unused Product(s) in their original unopened packaging and in a condition suitable for resale in new condition at their own expense.

All Products must be returned to the following address:

New Black Cosmetics E-Commerce Returns 34 avenue des Champs Elysées 75008 75008 Paris

The return of Products must be accompanied by the return form which can be requested from the customer service at: [email protected]

Any risk related to the return of the product(s) is the responsibility of the buyer. New Black Cosmetics recommends that the buyer subscribes to a tracking option for the package to avoid any inconvenience in case of loss or theft of the products during the return transportation.

If the above conditions are met, New Black Cosmetics will refund, using the same means of payment as that used by the Buyer for the initial transaction, all amounts paid for the returned Products, with the exception of the return costs, within a maximum period of fourteen (14) days from receipt of the return form.

In case of partial return of Products, only the price of the returned Products will be refunded by New Black Cosmetics and not the delivery costs, provided that the Buyer has benefited from the delivery service for the items kept and that the delivery rates do not change according to the volume ordered.

In the event of the return of Products that were subject to a global promotional offer including one or more gifts, the gifts granted by New Black Cosmetics related to the purchase of one or more Products must be returned to New Black Cosmetics. In case the Buyer keeps the Product(s) offered as part of the global promotional offer, they will be charged on the basis of their original price.

YOUR ACCOUNT

By registering on our website, the customer will receive a username and password for their account. It is the customer’s responsibility to keep their account, username, and password confidential and control access to their computer. The customer accepts responsibility for all activities that are done using their account, username, or password. The customer agrees to provide only accurate and truthful information.

The username and password chosen by the customer are identification elements allowing access and use to certain sections, features, pages, content, or services of the website. They are personal and non-transferable.

COOKIES

New Black Cosmetics may place a cookie on the customer’s computer. This tool is intended to record information related to the customer’s computer browsing on the site (pages viewed, date and time of consultation, etc.) that New Black Cosmetics can read during subsequent visits by the customer. The duration of storage of this information on the computer is one year.

The customer may refuse to store “cookies” by configuring their browser accordingly.

LIABILITY

The seller, in the online sales process, is bound only by an obligation of means; their liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other unintentional problems.

JURISDICTION

These general terms and conditions of sale are governed by French law. For all disputes relating to this contract between the seller and the buyer, the Commercial Court of Paris shall have exclusive jurisdiction.

DATA PROTECTION

In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access and rectify data concerning them and held by the merchant.

SALES

Offer valid on products indicated on www.newblackcosmetics.com. Offer valid during the specified period. Subject to stock availability. Since sales are limited in time, they cannot apply to orders prior to or after the offer. Offer cannot be combined with other ongoing offers or promotions.