Terms & Conditions
1. About us
EMY MASK Brand, represented by Mrs. Carissimo (hereinafter the “Company”).
The Company markets the following products to its Clients via its Internet Site: Alternative masks.
The Company invites Users to read these General Terms and Conditions of Sale and Use (hereinafter the “GTC/UG”) carefully. Placing an Order implies acceptance of the GCS/CGU.
The characteristics of the Products are indicated on the Website.
It is up to the Customer to take them into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read them and having accepted them by ticking the box provided for this purpose before placing his Order online.
The GCS/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site. They apply to all sales concluded by the Company and apply to any contradictory document, in particular the Customer’s general terms and conditions of purchase. They are systematically communicated to the Customer who requests them.
In the event of a subsequent modification of the GCS/CGU, the Customer is subject to the version in force at the time of his Order.
“Customer” shall designate the Professional or the Consumer having placed an Order for a Product sold on the Internet Site;
“Order” means any order placed by the User registered on this Website;
“General Conditions of Sale and Use” or “GCS/CGU” refers to these general conditions of use and online sales;
“Consumer” refers to the buyer who is a natural person and who is not acting for professional needs and/or outside his professional activity;
“Products” refers to the material things that can be appropriated and which are offered for sale on this Site;
“Professional” refers to the buyer who is a legal or natural person acting within the framework of his professional activity;
“Site” refers to the present Site, i.e. https://emymask.com/ ;
“Company” refers to the Company Emy Mask, more fully described in Article I hereof;
“User” means any person who uses the Site.
Registration to the Site is open to all legal entities or individuals who are of legal age and have full legal capacity and personality.
The use of the Site is conditional upon the registration of a User. Registration is free.
To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered Users have a login and a password. The latter are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company shall in no case be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he or she should contact the Company as soon as possible so that the Company can take the necessary measures and regularise the situation.
Each User, whether a legal entity or natural person, may only hold one account on the Site.
In the event of non-compliance with the GCS/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account will result in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GCS/CGU, it is strictly forbidden for the offending User to re-register on the Site directly, through another e-mail address or through an intermediary without the express authorization of the Company.
Any Order can only be placed once the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He or she can then access the summary of his or her virtual basket in order to confirm the Products he or she wishes to order and place his or her Order by pressing the “Order” button.
He will have to fill in an address, a delivery method as well as a valid payment method in order to finalize the Order and to effectively form the sales contract between him and the Company. Finalization of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and deadlines indicated on the Site.
Once the Order has been placed, the User will receive confirmation of the Order by e-mail. This confirmation will summarize the Order and the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Client.
The Company may allow the Client to benefit from price reductions, discounts and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, in accordance with the conditions set by the Company.
6. Products and prices
The Products covered by the GCS/CGU are those that appear on the Site and that are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is made within the limits of the Company’s available stocks. The Company may not be held liable for stock shortages or the impossibility of selling a Product for which there is no stock.
When a Registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes (including VAT), excluding shipping costs and taking into account the applicable reductions in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, if applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company shall send the Client a detailed quotation setting out the formula for calculating the price.
Under no circumstances may a User require the application of discounts that are no longer in force on the day of the Order.
7. Terms and conditions of payment
Unless otherwise stipulated, all sales are paid for in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company shall remain free to require a down payment or payment of the full price when the Order is placed or when the invoice is received.
Payment may be made by :
Credit card via a secure connection
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Client between penalties for late delivery of the Products ordered and the sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty owed by the Client, Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.
The Products are delivered exclusively in the following geographical areas:
The Company undertakes to make all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer’s geographical area, the delivery method chosen or the Product ordered.
In the event that delivery is impossible due to an error in the address given by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Customer.
Moreover, the Company cannot be held liable for reasons related to the exceeding of delivery times:
in periods of high demand, for delays caused by reasons of force majeure, i.e. due to the occurrence of a unpredictable, irresistible event beyond his control,
for facts attributable exclusively to the carrier responsible for delivery.
The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site: to the address indicated by the Customer at the time of his Order by ordinary mail.
For any Order placed on this Site, the Customer has no right of complaint given the nature of the product. (Hygiene reasons)
10. Transfer of risks and ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer. It may therefore repossess the said Products in the event of non-payment. In this case, the down payments made will remain the property of the Company by way of compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the Company hands over the goods to the carrier. For Consumer Clients, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Client has chosen a store delivery.
11. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made at his expense by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code :
“The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.
Article 1641 of the Civil Code :
“The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them”.
Any Product resold altered, modified or transformed is not covered by the warranty.
The warranty is limited to the replacement or reimbursement of non-conforming or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Client must inform the Company of the existence of defects within two years. The Company will rectify the Products deemed to be defective to the extent possible. If the Company’s liability is retained, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.
Replacement of the Products shall not have the effect of extending the duration of the warranty.
The Company reserves the right to modify the Site, the GCS/CGU as well as any delivery procedure or other constituent element of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the GCS/CGU in force at the time the Order is placed.
13. Processing of personal data
Registration on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is carried out in compliance with the General Data Protection Regulations 2016/679 of 27 April 2016.
In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, rectify, modify and oppose at any time all of his personal data by writing, by post and by proving his identity, to the following address: firstname.lastname@example.org.
This personal data is necessary to process the Order and to issue invoices if necessary, as well as to improve the functionality of the Site.
14. Sharing of collected data
The Site may have recourse to third party companies to carry out certain operations. By browsing on the Site, the Customer accepts that third party companies may have access to his data to enable the proper functioning of the Site.
These third party companies only have access to the data collected in the context of carrying out a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers by writing to the Company’s address indicated above.
Moreover, the information of the Clients may be transmitted to third parties without their express prior consent in order to achieve the following goals:
to respect the law
to protect any person from serious bodily harm or death
fight against fraud or attacks on the Company or its users
protect the Company’s property rights.
15. Protection of data
The Company ensures an appropriate level of security, proportional to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
To enable its Users to benefit from optimal browsing on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User’s computer. This cookie makes it possible to store information relating to browsing on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorises the Company to deposit a file known as a “cookie” on the User’s hard disk.
The User has the possibility of blocking, modifying the storage period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents the User from using certain services or features of the Site, this malfunctioning of the Site may result in the User being unable to use the Site.
The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and although it is making every effort to ensure that the service is always available, it is possible that it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons that are beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
18. Intellectual property
The trademark, logo and graphic charter of this Site are registered trademarks and intellectual works protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal prosecution.
19. Clause conferring jurisdiction
The law governing the GCS/CGU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be brought to the attention of the competent courts of common law.
20. Acceptance of the GCS/CGU
The Customer or User expressly accepts the GTC/UGC.
The Customer declares that he is aware of them and waives the right to rely on any other document, in particular his own general terms and conditions of purchase.
The Consumer acknowledges having had knowledge of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular :
the essential characteristics of the Product ;
the price of the Products;
the date or the deadline by which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal, telephone and electronic contact details);
information relating to the legal and contractual guarantees and their terms and conditions of implementation;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal (deadline, procedures for exercising this right).
21. Contact details of the mediator
EMY MASK: email@example.com