GENERAL CONDITIONS OF SALE

Article 1 - FIELDS OF APPLICATION

These General Conditions of Sale (hereinafter referred to as General Terms and Conditions) apply to all sales of products between the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE and professional buyers. These General Terms and Conditions prevail over all conditions of purchase and contrary clauses that may appear on any documents of the buyer or his representative and in particular his general conditions of purchase, unless expressly waived by us.

Placing an order with the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE implies full, complete and unreserved acceptance of these General Terms and Conditions, of which the professional buyer declares having read beforehand. By products we mean all the articles present on the site www.laboratoire-funline.com and marketed via this channel by the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE.

Article 2 - INTELLECTUAL PROPERTY

The Buyer understands and expressly acknowledges that the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE is and will remain the exclusive owner of all intellectual property rights, and in particular copyright, trademarks, designs and models, relating to the Products, including studies, models, drawings, projects provided or sent by the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE to the Buyer (hereinafter referred to as the intellectual property rights).

Consequently, the Buyer undertakes not, under penalty of prosecution, to reproduce, modify, adapt, in whole or in part, directly or indirectly, for any reason whatsoever, the Products in the range LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE except with the prior written consent of LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE. The buyer also undertakes not to transmit to third parties any information of any nature whatsoever allowing total or partial reproductions of the Products and the conditions and agreements between LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE and the Buyer.

Article 3 - PAYMENT

– By Bank card VISA – EUROCARD – MASTERCARD (this is Paybox which ensures the security of your online payments)
– If you do not wish to transmit your bank card details, you can also pay by Bank transfer or by Bank check (see terms and conditions on the site)
In these two cases, the order will be shipped upon receipt of funds or check.

Article 4 - DELIVERIES-TRANSPORT (EU)

The products acquired by the buyer will be delivered within the time indicated in the order form. This deadline does not constitute a strict deadline and the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE cannot be held liable towards the buyer in the event of late delivery. The delivery location will be defined in each order form. The products travel in all cases at the buyer’s risk. It is the responsibility of the buyer, unless otherwise expressly stipulated by the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE, to insure the costs of the risks linked to the transport of the products.

In the event of the occurrence of an event beyond its control and in particular in the event of force majeure, strike, lockout or delay in the delivery of raw materials, the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE may either carry out the cancellation of the order, or postpone the delivery date. The buyer cannot then demand delivery from the seller on the previously confirmed date. The buyer will not be able to claim damages for late or non-delivery under any circumstances. In case of

delay in delivery, no cancellation or termination by the buyer can be considered valid, if it is not preceded by formal notice by registered letter from the buyer: upon receipt of this formal notice we reserve the right to be able to deliver for a maximum period of fifteen (15) days. The formal notice cannot be sent by the buyer before the expiration of the delivery deadline initially planned.

Article 5 - DELIVERIES-TRANSPORT (OUTSIDE EU)

As mentioned on our item sheets:

Please note, certain products may be over the counter in certain countries, but prohibited in others, even within the EU. Each customer must therefore check the conformity of the imported product with their national legislation.

As a result, for sales outside the EU, LABORATOIRE ELYSEES COSMETIQUES / FUNLINE declines all responsibility in the event of refusal of customs clearance by the national authorities. If a package remains blocked in customs, or destroyed by customs or is returned by customs: the buyer remains solely responsible for his error and will not be able to claim any refund of the products or shipping costs.

Article 6 – RESERVATION OF OWNERSHIP CLAUSE

The company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE retains ownership of the goods sold until full payment of the price, in principal and accessories. It is therefore expressly agreed between the parties that the transfer of ownership to the buyer is subject to full payment of the price, by the agreed due date as appearing on the invoice issued. In the absence of payment on the due date, the seller will repossess the goods of which he remains the owner. As such, if the buyer is subject to receivership or judicial liquidation, the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.

Article 7 - COMPLIANCE OF PRODUCTS-CLAIMS

The buyer is required to check the apparent condition of the products upon delivery. In the absence of complaints expressly made by the buyer within eight (8) working days from delivery, the products delivered by the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE will be deemed to conform in quantity and quality to the order.

Complaints must be made in writing by registered letter with acknowledgment of receipt, clearly mentioning the defect and the part reference to the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE within the aforementioned period. After this period no complaints can be made.

If the buyer attempts to attenuate or eliminate a defect by any means without the prior written consent of the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE, any claim for this reason will be refused. Under no circumstances may the buyer return products without our authorization.

If the complaint proves to be justified, the return will be the subject of an exchange or, failing that, a credit to the exclusion of all damages for any reason whatsoever. Otherwise, no exchange of products will be made.

Article 8 - CANCELLATION OF ORDERS

Cancellation or modifications to the initial order cannot take place if manufacturing is in progress or if the raw material has already been ordered.

In other cases, the order can only be canceled or modified upon express acceptance on our part.

Article 9 - APPLICABLE LAW RESOLUTION OF DISPUTES

These General Conditions of Sale are governed by French law. Any dispute, even in the event of a warranty claim or multiple defendants, will fall under the exclusive jurisdiction of the commercial court in whose jurisdiction the head office of the company LABORATOIRE ÉLYSÉES COSMÉTIQUES / FUNLINE is located.