General conditions of sale

1. SCOPE OF THE SUBJECT

These general conditions of sale define the rules for the provision of brokerage services by the intermediary in the purchase of goods from sellers.

2. GENERAL PROVISIONS

1. The general conditions of sale are permanently available on the website maybella.fr, allowing each user to obtain, reproduce and save their content by printing it or saving it on a medium at any time.
2. The administrator of personal data processed in the context of implementing the provisions of the General Terms and Conditions of Sale is the Intermediary. Personal data is processed for the purposes, to the extent and on the basis of the principles set out in the Privacy Policy published on the Website.
3. The Intermediary declares that it complies with all rules for the protection of customers' personal data.
4. The provision of personal data is voluntary. Any person whose personal data is processed by the Intermediary has the right to inspect their content and the right to update and correct them.
5. The Customer agrees to the collection, storage and processing of personal data by the Intermediary for purposes directly related to the implementation of the goods ordered on the Site. The detailed conditions for the collection, processing and protection of personal data by the Intermediary are set out in the Site's Privacy Policy.
6. The Customer is required to use the Site and the services offered by the Intermediary in a manner consistent with the provisions of the general terms and conditions of sale, the principles of social coexistence, bearing in mind respect for human rights as well as the copyright and intellectual property rights of the Intermediary and third parties. The user or customer is prohibited from providing illegal content.
7. Use of the Website means any activity by the Client which leads them to become aware of all the content published on the Website.
8. Promotions of goods organized through the Website cannot be combined, unless otherwise provided in the general conditions of sale of a given promotion.
9. Contact with the Intermediary is made by email via the contact@maybella.fr mailbox, the Facebook page and the Instagram account. In addition, the customer can contact the Intermediary by mail, sending correspondence to the address of the Intermediary's head office.

3. GLOSSARY

The expressions used in these general conditions of sale mean:
Customer - a consumer within the meaning of Art. 22 index 1 of the Civil Code, on whose behalf the Intermediary purchases the goods from the Seller.
Intermediate - XYZ
Seller - an entity that sells goods and has its registered office in a third country. Full list of sellers .
Brokerage Service - a service provided by the Intermediary , in accordance with the principles set out in these General Conditions of Sale.
Commission - remuneration corresponding to the difference between the amount paid by the Client on the account of the intermediary and the amount transferred to the Seller for payment of the goods and shipment on behalf of the Customer to the address indicated by the buyer.
Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws, Article 827, as amended).
VAT - tax on goods and services levied on imports in accordance with the law of 11 March 2004 on the tax on goods and services (Official Journal 2016.710, consolidated text).
Business day - a day from Monday to Friday, excluding public holidays.
Contact Form - an interactive form allowing customers to contact the Intermediary .
Order Form - an interactive form available on the Intermediary's website which allows you to place an Order, in particular by adding the Goods to the electronic shopping cart and defining the terms of the Contract.
Movable goods available on the website which are the subject of the Intermediation Contract concluded between the Client and the Intermediary .
Intermediation Agreement - an agreement concluded between the Intermediary and the Client within the framework of an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Sales contract - a contract concluded between the Customer and the Seller within the framework of an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract. The Intermediary acts as an intermediary between the Customer and the Seller.
Electronic Service - a service provided electronically by the intermediary via the Website.
Order - the Customer's declaration of intent transmitted via the Site, using the Order Form, aimed at concluding the Intermediation Contract, specifying in particular its conditions, as well as the type and quantity of Goods, the method and cost of delivery, the form of payment and the Customer's data necessary for the execution of the contract.
Website - the Intermediary's website available at maybella.fr.
Payment Method - the payment method selected by the Customer.

4. SCOPE OF THE BROKERAGE SERVICE

1. As part of the brokerage service provided by the Intermediary, the Intermediary orders the goods from the Seller on behalf of and on the basis of the power of attorney granted to him and pays the costs associated with the delivery of the goods to the Customer.
2. The brokerage service is provided on the basis of specific arrangements between the Parties.
3. By placing an order, the customer declares that he grants to the intermediary the power of attorney to order the goods on behalf of the customer and to pay the price and shipping costs of the goods to the customer's address on behalf of the customer. The intermediary is only authorized to act within the scope of the power of attorney granted to him.

5. OBLIGATIONS OF THE PARTIES

The Intermediary hereby declares that in the context of providing brokerage services in the sale of goods from foreign sellers, it assumes some of the obligations arising from the provisions of Polish law, incumbent on sellers of goods:
a) Provides the Customer with the necessary information and coordinates the process of the right of withdrawal from the sales contract,
(b) Conducts and recognizes the complaints procedure concerning the goods,
c) Responsible for the non-conformity of the goods to the contract,
d) Provides the Customer with instructions for use of the Goods and all necessary documents relating to the Goods.

6. AVAILABILITY OF THE BROKERAGE SERVICE

1. The Client submits to the Intermediary an instruction to start a brokerage service regarding a given product via the Intermediary's website or contact form. Submitting an instruction to start the brokerage service is considered as an expression of the Client's explicit consent to start the brokerage service.
2. After receiving the instruction to start the brokerage service, the Intermediary sends to the client:
(a) a confirmation recorded on a durable medium,
(b) information that, in accordance with the Consumer Rights Act, in order for the brokerage service to be performed before the expiry of a period of 14 days from the date of the contract, it is necessary to expressly request the customer in this regard, recorded on a durable medium,
c) information that the client loses the right to terminate the contract if the Intermediary has started the brokerage service with the explicit consent of the client, who was informed before the start of the service that after the Intermediary has performed the service, he will lose the right to terminate the contract.
3. The intermediary provides the client with full information on the final price of the service, including all costs, and a description of the main features of the service. The information is available on the intermediary's website.
4. When submitting an instruction to launch a brokerage service via the Intermediary's website, the client provides the Intermediary in the form with the following data: surname, first name, e-mail address, parcel delivery address, telephone number.
5. The customer places an order after having read the content of these general conditions of sale and accepted its provisions.
6. The Intermediary is obliged to provide the customer with confirmation of the conclusion of the distance contract on a durable medium within a reasonable period of time after its conclusion, before the start of the provision of the service. This confirmation contains information on the main characteristics of the service, including the purpose of the service and the method of communication with the consumer.
7. The Intermediary begins the brokerage service immediately after receiving payment for the service from the client and after receiving an explicit request from the client for the service to be performed before the expiry of a period of 14 days from the date of conclusion of the contract.
8. The placing and payment of the order by the Intermediary at the seller's premises are considered as the provision of the brokerage service.

7. DELIVERY OF GOODS

1. The ordered goods are delivered to the address indicated by the Customer when submitting the instruction to start the brokerage service.
2. The intermediary declares that the delivery of the ordered goods will be carried out by the seller within 60 working days from the date of the sales contract. If the customer does not receive the goods within the specified period, the intermediary will place a new order with the seller or refund the funds.
3. The intermediary informs that orders placed between January 24 and February 25 may have an extended delivery time, up to a maximum of 90 days from the date of dispatch of the order after the date of dispatch of the order.
4. Packages are shipped from outside the European Union by the Seller. The customer is an importer. It is the customer who has the tax obligations due to customs import.
5. XYZ acts as an intermediary and works with sellers who have their own logistics centers in China. Therefore, products that are part of the same order may be shipped separately if they come from different sellers.
6. The consumer receives information from the intermediary about the shipment of the package and the shipment number, which allows its tracking. Each shipment is a registered shipment.
7. The customer is required to report the non-delivery of the package no later than 100 days from the date of dispatch of the package.

8. PAYMENT

1. Payment for the order referred to in point 3 below must be made prior to the start of the provision of services by the intermediary.
2. Payment can be made at the Customer's choice via PayPal or by credit card.
3. The value of the order for the goods includes in each case the amount due to the seller and the commission due to the Intermediary.
4. All prices on the Intermediary's website are expressed in the selected currency.
5. At the Client's request, the Intermediary will issue a VAT invoice. This will be sent electronically without the Client's signature, which the Client accepts.

9. RETURN OF GOODS BY THE CUSTOMER

1. Within 14 calendar days from the date of receipt of the goods, the Customer may submit to the Intermediary a declaration of return of the goods purchased from the Seller, which is equivalent to a withdrawal from the contract. Click to open the full list of addresses for returns . Each time, after receiving such a declaration, the Intermediary will confirm to the Customer the receipt of the declaration as well as the accuracy of the Seller's address.
2. The Intermediary, within 14 days from the date of receipt of the declaration of return of the goods, will return to the Customer the payment made by the latter. This includes the amount paid to the Seller as well as the Intermediary's commission, provided that proof of return to the Seller's address is received within this period, or upon receipt of the goods by the Seller.
3. The Customer is obliged to send the goods to the Seller no later than 14 calendar days from the date of submission of the return declaration. In order to speed up the refund process, the Customer has the option of sending the Intermediary proof of return of the goods.
4. If the customer does not provide proof of return of the goods, the Intermediary will refund the payment made by the customer only upon receipt of the goods by the seller. This includes the amount transferred to the seller as well as the Intermediary's commission.
5. The Intermediary will make the reimbursement using the same payment method as that used by the Customer, unless the Customer has expressly accepted a different reimbursement method, which does not entail any costs for him.
6. The return declaration may be submitted electronically using the RETURN FORM . To meet the deadline referred to in paragraph 1, it is sufficient to send the declaration before its expiry.
7. The customer bears the cost of returning the goods to the Chinese seller.

10. COMPLAINTS PROCEDURE

1. In order to facilitate the customer's complaint procedure, the intermediary assumes the obligations related to the seller's liability in the event of non-conformity of the goods purchased by the customer with the contract. The complaint can be submitted by the customer by e-mail to the address: contact@maybella.fr or in the form of a letter to the intermediary's address. Within 14 days from the date of filing the complaint, the intermediary will respond to the consumer's complaint. COMPLAINT FORM .
2. If the goods do not conform to the contract, the consumer may demand that they be repaired or replaced (Article 43 quinquies of the Law of 30 May 2014 on consumer rights).
3. The intermediary undertakes that, in the event of a request from the consumer referred to in paragraph 2, he will, as a general rule, exchange the goods for goods free from defects. He will do so within a reasonable time from the moment he was informed by the consumer of the lack of conformity of the goods with the contract, and without undue inconvenience for the consumer, taking into account the nature of the goods and the use for which the consumer purchased them. The costs of exchange, including in particular the costs of postage, transport, labor and materials, shall be borne by the intermediary.
4. The complaint referred to in paragraph 1 is considered on the basis of the information on the non-conformity of the goods with the contract and the photos documenting them provided by the customer, without it being necessary to send the goods to the seller or the intermediary. Where applicable, in the event of a request for replacement of goods, the intermediary will recover the goods from the customer at its own expense.
5. The consumer is not obliged to pay for the normal use of the goods subsequently replaced.
6. The consumer may submit a statement requesting a price reduction or terminating the contract when:
(a) the intermediary refuses to replace the goods, or the replacement of the goods does not satisfy the consumer's right to require the goods to be brought into conformity with the contract, or the lack of conformity of the goods with the contract persists despite the actions taken by the intermediary to bring the goods into conformity with the contract,
(b) the lack of conformity of the goods with the contract is sufficiently significant to justify a reduction in the price or termination of the contract without prior recourse to protective measures in the form of a request for repair or replacement of the goods,
(c) it appears from the intermediary's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.
7. The intermediary shall reimburse the consumer for the amounts due as a result of exercising the right to price reduction immediately, at the latest within 14 days from the date of receipt of the consumer's declaration on the request for price reduction.
8. The consumer may not terminate the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
9. If the lack of conformity concerns only part of the goods supplied under the contract, the consumer may only terminate the contract for those goods and also for other goods purchased by the consumer with the non-conforming goods, if the consumer cannot reasonably expect him to agree to keep only the goods which conform to the contract.
10. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the intermediary at his own expense. The intermediary shall immediately return the price to the consumer, at the latest within 14 days from the date of receipt of the goods or proof of their return.
11. The intermediary will refund the price using the same payment method as that used by the consumer, unless the consumer has expressly accepted a different return method, which does not entail any costs for him.
12. In the event of irregularities related to the operation of the intermediary's website, the customer has the right to report this fact by sending an e-mail to the following address: contact@maybella.fr or in the form of a letter to the address.
13. The client has the right to file a complaint regarding the provision of brokerage services by the intermediary. The complaint may be submitted by the client by email to the address: contact@maybella.fr or in the form of a letter to the intermediary's address.
14. The customer's notification must contain the customer's contact details, the customer's first and last name, as well as a precise indication of the irregularity to which the notification relates, as well as the justification for the notification.
15. The broker will respond to the notification received within a maximum of 14 days from the date of its receipt.
16. Any complaints regarding payments should be reported to the entity responsible for executing the payment, i.e. the bank or other entity through which the funds are transferred.

11. EVALUATION OF THE INTERMEDIARY, THE SELLER AND THE EXECUTION OF THE ORDER

1. On the website maybella.fr, the customer has the opportunity to evaluate the performance of contracts concluded and goods sold by the intermediary and the seller. The evaluation is done by filling out a special form available on the website.
2. The evaluations issued by the Client are public and visible to other Clients.
3. Only verified customers can place reviews on maybella.fr.
4. A verified customer is a consumer who has verified their email address and made a purchase of the product they wish to review.
5. Comments are automatically moderated in the form of a filter that allows you to block indecent content that violates generally applicable law.

12. PROCESSING OF PERSONAL DATA

1. Personal data are processed in accordance with the provisions of the Law of 10 May 2018 on the Protection of Personal Data (Official Journal 2018, Article 1000, as amended).
2. By providing personal data, the Client agrees to their processing by the intermediary for the proper provision of the service.
3. The data entered in the registration form must be updated by the Customer. The data must be updated by changing the relevant data on the Customer's account.
4. The Customer may also consent to the sending of commercial information by electronic means of communication. In the event of such consent, the Intermediary is entitled to transmit this content to the Customer electronically.
5. Personal data provided in the application and/or registration form will be processed and administered by the intermediary .
6. The customer has the right to access the content of personal data and the right to request their correction, completion or deletion on the principles set out in Art. 32-35 of the Personal Data Protection Act.

13. COPYRIGHT

1. The Intermediary's website is a work within the meaning of the Copyright Act and all copyright is vested solely in the Intermediary.
2. The Intermediary declares that all elements published on the Intermediary's website, including texts, photos and graphic elements and their layout, constitute the intellectual property of the Intermediary or third parties.
3. The Intermediary excludes the possibility of copying, duplicating, modifying, distributing or other forms of commercial use of the materials belonging to the Intermediary, referred to in section 1, without the prior written consent of the Intermediary.

14. TECHNICAL REQUIREMENTS

1. In order to use the Intermediary's website, the Client must have a computer or other terminal with Internet access.
2. To use the Intermediary's website, it is necessary to enable the processing of short text messages called cookies (hereinafter: cookies). Disabling cookies prevents the Customer from fully using the Intermediary's website.

15. MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE

1. The Intermediary reserves the right to make changes to these general terms and conditions of sale, which will be immediately announced on the website, i.e. no later than 14 days before the introduction of the changes.
2. The intermediary shall inform about the amendment of the general terms and conditions of sale by publishing on the website information about the amendments to be made and by disseminating a unified text of the amended general terms and conditions of sale, indicating which existing provisions of the general terms and conditions of sale have been amended.
3. The general terms and conditions of sale may be modified at any time, in particular for important technical, legal and/or organizational reasons, without it being necessary to justify these reasons.
4. The Client's use of the Intermediary's services after the entry into force of the amendments to the general terms and conditions of sale constitutes acceptance of the amendments.
5. Any modification to these general conditions of sale comes into force within 14 days from the date of its publication on the website.
6. Changes to the General Terms and Conditions of Sale after submission of the order to start the brokerage service do not affect the manner of its implementation.

16. FINAL PROVISIONS

1. These general terms and conditions of sale are made available to customers free of charge, in order to enable their acquisition, reading and recording of their content.
2. These general terms and conditions of sale are available on the website in the 'General Terms and Conditions of Sale' tab.
3. Communication between the parties is electronic. The Intermediary will send the information to the client at the email address provided during registration.
4. These general terms and conditions of sale come into force on the day of their publication on the website.
5. If any provision of these General Terms and Conditions of Sale is or becomes ineffective, this shall not affect the binding force of the remaining provisions. In place of the invalid provision of the General Terms and Conditions of Sale, the rule that most closely reflects the objectives of the invalid provision and of these General Terms and Conditions of Sale as a whole shall apply.
6. Any dispute arising from the provision of services by the Intermediary will be settled amicably, and in the event of disagreement, it will be decided by the locally and materially competent court.
7. Polish law is applicable to all legal relationships arising from these general terms and conditions of sale.
8. For matters not covered by these general terms and conditions of sale, the generally applicable legal provisions apply.

17. GENERAL CONDITIONS OF SALE AND ALTERNATIVE DISPUTE RESOLUTION

If the Customer is a consumer and the complaints procedure does not lead to the result expected by the Customer, the latter may resort to:
a) a request for out-of-court settlement of disputes to a permanent consumer court, sitting at the Commercial Inspectorate, with a request for general conditions of sale of disputes,
b) a request to open a mediation procedure with the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of activity via the intermediary),
c) free assistance from a consumer ombudsman at the powiat (municipal) level or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Polish Consumer Association). Detailed information on the possibility for the Consumer Customer to use out-of-court complaint and appeal channels, as well as the rules for accessing these channels, are available on the website of the Office for Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.