General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by Nymeria-Beauty.

The following terms shall hereinafter be defined as follows:

"Site": the website "nymeria-beauty.com/" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all products (physical goods) and services (provisions) that may be purchased or subscribed to on the Site.

"Seller": Nymeria, a legal or natural person, offering its Products or Services on the Site.

"Customer": the internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer": in accordance with the definition set out in the Consumer Rights Act 2015: any individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, and to print and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read the T&Cs and accepts them in their entirety.

Article 2 – Application of the T&Cs and Purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version on the Site.

The T&Cs applicable to the Customer are those in force on the date of their order on the Site.

Legal information regarding the hosting provider and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, the legal notice and the data policy of this Site.

This Site offers the online sale of beauty products for women.

The Site is freely and openly accessible to all Customers. The purchase of a Product or Service constitutes acceptance by the Customer of these T&Cs in their entirety, and acknowledgement that they have read and fully understood them. Such acceptance may take the form of the Customer ticking the relevant box corresponding to a statement such as "I confirm that I have read and accepted all of the Site's general terms and conditions." Ticking this box shall be deemed to carry the same legal weight as a handwritten signature by the Customer.

Acceptance of these T&Cs presupposes that Customers have the legal capacity to do so. If the Customer is a minor or lacks such legal capacity, they declare that they have obtained the authorisation of a guardian, curator or legal representative.

The Customer expressly acknowledges the evidential value of the Seller's automatic recording systems and, unless they are able to provide evidence to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Customer's unreserved acceptance of, and full adherence to, these General Terms and Conditions of Sale, which take precedence over all other documents, including catalogues, advertisements and notices, unless an express and prior derogation has been agreed with the Company.

Article 3 – Customer Service

The customer service department of this Site is accessible by email at: contact@nymeria-beauty.com, by contact form, or by post to the address stated in the legal notice. The Customer must include in the email their first name, surname, the subject of their enquiry, and their Order number.

For all professional enquiries (partnerships, media, contract proposals), the Company can only be reached by email at contact@nymeria-beauty.com.

Article 4 – Order Process and Purchase Procedure

The Products and Services offered are those listed in the catalogue published on the Site. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

Images on the Site are for illustrative purposes only and are not contractually binding; they may differ noticeably from the actual products photographed. Such variations may arise from screen and camera settings, product lighting, shooting angles, and similar factors.

The term "Basket" is defined herein as the virtual container grouping all Products or Services selected by the Customer on the Site for the purpose of purchase, by clicking on those items. To place an order, the Customer selects the Product(s) they wish to order by adding them to their "Basket," the contents of which may be modified at any time.

The Customer places the Order via the Site: the Customer records and confirms the Order on the Site.

To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking the "Add to Basket" button. On the "Basket" page, the Customer may review the details of their Order and correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact details. They may opt to track their Order by email by ticking the relevant box.

On the "Delivery" page, the Customer must select their preferred delivery method from those available.

On the "Confirmation" page, the Customer must enter their payment details and billing address. The Customer may also enter a promotional code if they hold one.

A full summary of the Order is displayed. The Customer may amend all elements of the Order prior to finalisation. The Customer is responsible for any errors relating to the Order, Products and contact information.

The sale is validly concluded when the Customer has confirmed the Order by clicking the "Complete my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded to payment in accordance with their chosen method, subject to the exercise of the right of withdrawal.

The Order validation date corresponds to the date of receipt of full payment of the total price inclusive of VAT, as duly confirmed.

Article 5 – Prices and Payment Methods

Unless otherwise stated, prices listed in the catalogue are expressed in Pounds Sterling (GBP), inclusive of all applicable taxes (including VAT at the rate applicable on the date of the order), and exclusive of any applicable handling and shipping charges.
Nymeria reserves the right to pass on any change in the applicable VAT rate to the prices of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalogue on the date of the order shall be the sole price applicable to the Customer.

The Customer may place an order on this Site and make payment by Debit or Credit Card, Bancontact, Apple Pay or PayPal. Card payments are processed via secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery timeframes set out in the "Deliveries" article of these T&Cs shall not commence until the date on which the Seller actually receives payment, as evidenced by any means available to the Seller. Product availability is indicated on the Site, within the descriptive page for each Product.

Nymeria will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerised records shall be considered by the parties as proof of the communications, orders, payments and transactions between them.

Article 6 – Deliveries

Delivery charges will be communicated to the Customer prior to payment. The Site has no geographical restriction on delivery; orders may be dispatched worldwide. Delivery timeframes indicated at the time of ordering are provided for guidance only and remain subject to any delays by postal services or other particular circumstances preventing delivery (strikes, adverse weather conditions, etc.).

In the event of delivery of a Product outside the United Kingdom and its overseas territories, the Customer declares themselves to be the importer of the Product and accepts that in such cases the Seller may be materially unable to provide them with precise information regarding the total amount of customs duties, import formalities or taxes applicable in the country of destination.

Unless otherwise stated on the Site during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver Products within a maximum of thirty (30) days following the conclusion of the contract with a Consumer Customer.

In the case of in-person delivery, the Customer may refuse a parcel at the time of delivery if they identify an anomaly (damage, missing Product as per the delivery note, damaged packaging, broken Products, etc.); any such anomaly must be noted by the Customer on the delivery note in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open any damaged or defective parcel(s) in the presence of the carrier and have the damaged goods returned by them. In the case of letterbox delivery, the Customer undertakes to inspect the parcel immediately upon receipt and to contact Nymeria's support team should they identify any anomaly. Failure to comply with these requirements will preclude the Customer from exercising their right of refusal, and the Seller will not be bound to act upon any such request.

If the Customer's parcel is returned to the Seller by Royal Mail or another postal service provider, the Seller will contact the Customer upon receipt of the returned parcel to determine how to proceed with the order. If the Customer refused the parcel in error, they may request that it be resent upon prior payment of the postage costs for the new dispatch. Postage costs will be payable even for orders for which delivery was originally offered free of charge.

In the event of a delivery error or exchange (where the right of withdrawal is applicable, i.e. where the Customer is a Consumer and the contract concluded for the purchase of the Product or Service permits withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from mishandling or improper use by the Customer shall not be attributable to the Seller.

Any delivery delay beyond the date or timeframe indicated to the Consumer Customer at the time of ordering, or in the absence of any such indication, beyond thirty (30) days from conclusion of the contract, may entitle the Consumer Customer to cancel the sale by written request sent by recorded delivery with acknowledgement of receipt, provided that the Seller has first been required to fulfil delivery and has failed to do so. The Consumer Customer will then be refunded, within no more than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause shall not apply where the delivery delay is due to force majeure.

Special case — parcel whose tracking number indicates it has been "delivered" but has not been received in the letterbox: if the Customer identifies and notifies the Seller that the parcel is not in their letterbox despite the tracking number indicating it has been "delivered," the customer service team may request additional information as well as an official document from the postal service in response to the Customer's claim regarding the corresponding tracking number. The Seller will then take all reasonable steps to ensure Customer satisfaction, including, in particular, the immediate re-dispatch of the products at the Seller's own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product ordered in which to exercise their right of withdrawal. They will be required to return any product that does not suit them and to request an exchange or refund without penalty, except for return postage costs, within fourteen days of Nymeria receiving the refund request.

The Product must be returned in perfect condition, in its original sealed packaging and unused. The Consumer Customer may find below a standard withdrawal form for an order placed on the Site, to be sent to Nymeria. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal.

The Customer is advised to return the item using a tracked delivery service. Failing this, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with the postal service to request that it be located.

Refunds will be processed using the same payment method chosen by the Customer for the original transaction, unless the Customer expressly agrees to the Seller using a different payment method, and provided that the refund does not incur any cost for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product, or for as long as the Customer has not provided proof of dispatch of the Product, where such proof has not previously been provided.

Where the value of the Products has been diminished as a result of handling beyond what is necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with applicable consumer protection legislation, the Consumer Customer may find below a standard withdrawal form for an order placed on the Site:
Withdrawal Form (Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: Nymeria
I/we () hereby notify you of my/our () withdrawal from the contract relating to the sale of the goods below:
Order number:
Surname / First name:
Telephone number:
Email address:
Postal address:
Reason for the request:
Exchange* (please specify the desired product)
Refund* (please enclose full bank details including sort code and account number)
Signature of Customer(s) (only required if this form is submitted on paper):
Date:
(*) Delete as applicable.

Article 8 – Product Warranties

Statutory warranty provisions

The statutory guarantee of conformity applies independently of any commercial warranty that may be offered.

The consumer may choose to invoke the warranty against hidden defects in the item sold, unless the seller has stipulated that they will not be bound by any warranty; in the event that this warranty is invoked, the buyer may choose between rescission of the sale or a reduction in the sale price. They have a period of two years from the discovery of the defect in which to do so.

Any suspension or interruption of the limitation period shall not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose.

All items purchased on this Site benefit from the following statutory guarantees:
Statutory Guarantee of Conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Customer and is liable for any lack of conformity existing at the time of delivery of the Product. The conformity guarantee may be invoked if a defect existed on the date the Customer took possession of the Product.

However, it will be for the Customer to demonstrate that the defect existed at the time of taking possession of the Product.

In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may decline to proceed in accordance with the buyer's choice if doing so would entail a manifestly disproportionate cost compared to the other option, having regard to the value of the goods or the significance of the defect. In such a case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer.

Statutory Guarantee Against Hidden Defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will arrange an exchange. Where exchange is not possible (discontinued product, out of stock, etc.), the Customer will be refunded by bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return postage costs) shall be borne by the Seller.

Article 9 – Liability

The Seller, Nymeria, shall not be held liable for failure to perform the contract as a result of a force majeure event. In respect of Products purchased, the Seller shall incur no liability for any indirect damages arising herefrom, including loss of business, loss of profit, damages or costs.

The selection and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to hardware incompatibility, shall not give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal where applicable (i.e. where the Customer is a Consumer and the contract for the purchase of the Product or Service permits withdrawal), in accordance with applicable consumer protection legislation.

The Customer expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Nymeria shall in no circumstances be held liable for:
any direct or indirect damage, including in respect of loss of profits, lost earnings, loss of customers or data, which may result from the use of the Site or, conversely, from the inability to use it; any malfunction, unavailability of access, misuse, misconfiguration of the Customer's computer, or use of an unusual browser by the Customer;
the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller's liability may therefore not be engaged if the characteristics of the Products differ from the visuals displayed on the Site, or if those visuals are inaccurate or incomplete.

Article 10 – Force Majeure

In accordance with applicable law, force majeure events or fortuitous events shall mean events beyond the parties' control, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, where their occurrence renders performance of the obligations entirely impossible.
The occurrence of a force majeure event shall automatically suspend performance of the Order.

After a period of ninety (90) calendar days, if the parties note that the force majeure event persists, the Order may be cancelled by either party and the contract of sale terminated. To this effect, the more diligent party must send the other a recorded delivery letter with acknowledgement of receipt giving notice of termination of said contract of sale.

The effective date of termination shall be the date of first attempted delivery of the letter. In such circumstances, neither party may claim damages, unless otherwise agreed between the parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright law, trade mark law, image rights and patent law. No person is authorised to reproduce, use, redistribute or exploit, in any capacity whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In any event, any link, even one tacitly authorised, must be removed upon simple request from the Company.

Only use of the Site for private purposes is authorised, subject to any different or more restrictive provisions of applicable intellectual property legislation.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes an act of infringement and is subject to sanction under intellectual property law, unless prior authorisation has been obtained.

Any reproduction, representation or adaptation of logos, textual content, pictograms or videos, this list not being exhaustive, is strictly prohibited and constitutes infringement.

Any Customer found guilty of infringement may have their account deleted without prior notice or compensation, and without such deletion giving rise to any claim for damages, without prejudice to any subsequent legal proceedings that may be brought against them at the initiative of the Seller or its agent.

Trade marks and logos contained on the Site may be registered by Nymeria or, where applicable, by one of its partners. Any person who reproduces, represents, embeds, distributes or retransmits them shall be subject to the sanctions provided for under applicable intellectual property legislation.

Article 12 – Personal Data Processing

The Company collects Customer data:
a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or)
b) for the purposes of contacting you in relation to various events concerning the Company, including in particular product updates and customer relationship management; (and/or)
c) for the purposes of collecting information enabling us to improve the Site and our Products (including through the use of cookies).

The data collected are processed by the Site's contractual service providers responsible for the packaging and distribution of ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.
The data collected are retained by the Company only for the period corresponding to the purposes of collection set out above, and in any event for no longer than five (5) years.

In accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, the Customer has the right to access, amend, rectify, delete or object, on legitimate grounds, to data held about them.

The Customer may exercise these rights by email at contact@nymeria-beauty.com.

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, proposals or other content, whether online, by email, by post or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments submitted to it.

The Company is not and shall not be required to: (1) maintain the confidentiality of any comments; (2) pay any compensation to any person for any comments provided; (3) respond to any comments.

The Company may monitor, edit or remove content that it considers, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property rights or these General Terms and Conditions of Sale.

The Customer undertakes to submit only comments that do not infringe the rights of third parties, including copyright, trade mark, privacy, personality or other personal or proprietary rights. The Customer undertakes not to include in their comments any unlawful, defamatory, offensive or obscene content, and confirms that their comments will not contain any computer viruses or other malicious software that could affect the functioning of the Site or any associated websites. The Customer undertakes not to use a false email address, to impersonate any other person, or to attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is solely responsible for any comments they publish and for their accuracy. The Company assumes no liability and accepts no obligation in respect of comments published by the Customer or any third party.

Article 14 – Severability

If any provision of the T&Cs is found to be unlawful, void or otherwise unenforceable for any reason, that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs may not be assigned, transferred or sub-licensed by the Customer.
A printed version of the T&Cs and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be drafted in English.

Article 15 – Applicable Law and Mediation

These General Terms and Conditions of Sale are governed by English law.
The Site reserves the right to take legal action against any attempt at fraudulent purchase or purchase using a prohibited, disputed, stolen or counterfeit payment card.

In such cases, no attempt at amicable settlement will be accepted.
The fact that any clause of these General Terms and Conditions of Sale becomes void and unenforceable shall not affect the validity of the other provisions and shall not release the Customer from the performance of their contractual obligations.
Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, legal advisers, suppliers and employees from and against any claim or demand, including reasonable legal fees and court costs, made by any third party arising out of or in connection with your use of the website or our products and services, your breach of these terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations hereunder.

Any domestic or cross-border disputes arising in connection with the validity, interpretation, performance or non-performance, suspension or termination of this contract may be submitted to mediation at the Customer's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, an approved mediator, is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and enables Customers to submit an online mediation request together with supporting documents.
A dispute may not be examined by the Mediator in particular where:
the Customer cannot demonstrate that they have previously attempted to resolve the dispute directly with the Company by means of a written complaint;
the request is manifestly unfounded or vexatious;
the dispute has previously been examined or is currently being examined by another mediator or by a court;
the Consumer submitted their request to the Mediator more than one year after their written complaint to the Company;
the dispute falls outside the Mediator's scope of competence.

Mediation is free of charge for the Customer. If, at any stage of the mediation, the Customer engages a solicitor, a third party of their choice or an expert to represent them, the associated costs will be borne solely by the Customer.

The Mediator may not receive instructions from the parties or be remunerated on the basis of the outcome.

Participation in mediation does not preclude recourse to the courts. The parties remain free to bring their dispute before a court in accordance with the applicable legal provisions. In the event of court proceedings, jurisdiction shall be attributed to the competent court.

The Site reserves the right to take legal action against any attempt at fraudulent purchase or purchase using a prohibited, disputed, stolen or counterfeit payment card or cheque. In such cases, no attempt at amicable settlement will be accepted.
The fact that any clause of these General Terms and Conditions of Sale becomes void and unenforceable shall not affect the validity of the other provisions and shall not release the Customer from the performance of their contractual obligations.

Parts Warranty:
The warranty is limited to 30 days from the date of purchase under normal conditions of use, and excludes any fault caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.