Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company SANTAVIA.

Hereinafter referred to as:

"Site": the website "www.santavia.online" and all its pages, the exclusive property of the Company.

"Products" or "Services": all products (material) and services (benefits) that can be purchased or subscribed to on the Site.

"Seller": SANTAVIA, a legal entity or individual, offering its Products or Services on the Site.

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

"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which are not within the scope of his commercial, industrial, craft or liberal activity".

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

The Customer acknowledges having read the GTC and accepts them in their entirety.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Customer are those in force on the day of their order on the Site.

The legal information concerning the host 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 conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of beauty products.

Access to the Site is free of charge for any Customer. The acquisition of a Product or a Service implies the Customer's acceptance of all of these GTC, who acknowledges having read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.

The Customer acknowledges the probative value of the Seller's automatic registration systems and, unless they provide proof to the contrary, they waive the right to contest them in the event of a dispute.

Any Order for Products implies unreserved acceptance by the Customer and their full and complete adherence to these General Terms and Conditions of Sale which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

The customer service of this Site is accessible by email at the following address: “contact@santavia.com” by form or by postal mail at the address indicated in the legal notices. The Customer must indicate in the email their first name, last name, the subject of their request and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at contact@santavia.com.

Article 4 – Modalities for placing orders and description of the purchasing process

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

The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

"Shopping Cart" is defined below as the intangible object grouping together all the Products or Services selected by the Site Customer for purchase by clicking on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Shopping Cart", the content of which can be modified at any time.

1. The Customer places the Order on the Site: the Customer registers and validates the Order on the Site.

2. To place an order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking on the "add to cart" button. On the "Shopping Cart" page, the Customer can check the details of their Order and correct any errors before confirming it.

3. On the "Information" page, the Customer must enter their contact information. They can opt for order tracking by email by ticking the required box.

4. On the "Delivery" page, the Customer must choose their proposed shipping method.

5. On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer also has the option to enter a promotional code if they have one.

6. A complete summary of the Order appears. The Customer has the option to modify all elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, Products and contact information.

7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the full payment of the total price including VAT, duly recorded.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices listed in the catalogue are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.

SANTAVIA reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalogue on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can make their payment by Credit Card, Bancontact, Apple Pay or Paypal. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have 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 case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the effective date of receipt of payment by the Seller, who can provide proof of this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

SANTAVIA will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery charges will be indicated to the Customer before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. Delivery times indicated when ordering are for informational purposes and remain dependent on possible delays by postal services or other specific cases preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with accurate information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

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 the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

When delivered in person, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated 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 the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the event of delivery to a mailbox, the customer undertakes to check the package immediately and to contact SANTAVIA support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask them what to do with their order. If the Customer mistakenly refused the package, they can request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was offered at the time of order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, meaning if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows 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 clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when placing their order or, in the absence of a date or deadline indicated when ordering, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates that it has been "delivered" but not received in the mailbox: if the Customer observes and informs the Seller that the package is not in their mailbox even though its tracking number indicates that it has been "delivered", customer service may ask for additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee Customer satisfaction by proposing, in particular, the immediate reshipment of the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of their order's product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days from the date SANTAVIA receives the refund request.

The Product must be returned in perfect condition, unopened, and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to SANTAVIA. It is understood that the Customer will bear the cost of returning the Product in case of withdrawal.

It is recommended that the Client returns the package using a tracking solution. Otherwise, if the returned package does not reach the Seller, it would not be possible to initiate an inquiry with the postal services to locate it.

The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can 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 :

SANTAVIA

I / We (*) hereby notify you / us (*) of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number :

Name / First Name :

Phone number :

Email address :

Postal address :

Reason for the claim :

• Exchange* (mention desired product)

• Refund* (attach a full bank account statement with IBAN and BIC mentioned)

Signature of the Client(s) (only in case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

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

The consumer can decide to invoke the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of the implementation of this guarantee, the buyer has the choice between the cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not result in the expiry of the limitation period beyond twenty years from the day the right arises, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, as provided for by the Civil Code:

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any lack of conformity existing during the delivery of the Product. The conformity guarantee may be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Client to prove that the defect did indeed exist at the time the Product was taken possession of.

“In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (obsolete product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller SANTAVIA cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Concerning the purchased Products, the Seller will not incur any liability for any indirect damages resulting from these presents, loss of business, loss of profit, damages or costs that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. Total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, SANTAVIA cannot under any circumstances be held responsible for:

• any direct or indirect damage, including loss of profits, loss of income, loss of customers, loss of data that may result from the use of the Site, or conversely from the impossibility of its use;

• a malfunction, unavailability of access, misuse, misconfiguration of the Client's computer, or the use of a browser not commonly used by the Client;

• the content of advertisements and other links or external sources accessible by Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, cases of force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, insofar as their occurrence makes the performance of obligations totally impossible.

The occurrence of a case of force majeure will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be cancelled by either party, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

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

All texts, comments, works, illustrations and images, whether visual or audible, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed at the simple request of the Company.

Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law, unless prior authorization is granted.

Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client who commits counterfeiting may have their account deleted without prior notice or compensation, and this deletion cannot constitute damage to them, without prejudice to any subsequent legal action taken against them, at the initiative of the Seller or their agent.

The brands and logos contained on the Site may be registered by SANTAVIA, or possibly by one of its partners. Anyone who proceeds to their representations, reproductions, interweavings, distributions and redistributions incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.

Article 12 – Processing of personal data

1. The Company collects Client data:

2. a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)

3. b) for the purpose of being able to contact you about various events relating to the Company, including updates to Products and customer relationship management; (and/or)

4. c) for the purpose of collecting information to improve the Site and our Products (in particular through cookies).

The collected data is processed by the Site's contractual service providers who are responsible for packaging and distributing the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the period corresponding to the purposes of the collection mentioned above, which cannot in any case exceed five (5) years.

In accordance with Law n° 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has a right of access, modification, rectification, deletion or opposition for legitimate reasons regarding their data.

The Client can exercise their rights by e-mail to contact@santavia.com.

Article 13 – User Comments and Other Proposals

If the Client sends ideas, proposals, or other items, whether online, by e-mail, by mail, or otherwise (collectively, "comments"), whether at the Company's request or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any medium any comment that the Client sends to it.

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

The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. The Client undertakes not to write illegal, defamatory, offensive or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability for comments published by the Client or any third party.

Article 14 – Severability of Clauses

If any provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision will be deemed severable from the GTC and will not affect the validity and enforceability of the remaining provisions.

These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by a third party due to or arising out of your use of the Website or our products and services, your breach of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Consumer Mediation Assessment and Control Commission (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online, accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not prove that they have previously attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is 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 does not fall within their scope of competence.

Mediation is free for the Client. If the Client, at any stage of mediation, uses a lawyer, a third party of their choice, or an expert to defend them, they alone bear the costs.

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

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or opposing bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.

Parts Warranty:

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