1. About us
The brand is commercially operated by the Company. (hereinafter the “Company”).
The brand is commercially operated by the company Beauty Private registered with name SO EXCLUSIVE in the trade and companies register of PARIS under the number 90414535600013 / VAT number FR49904145356
Represented by Mr Samir Soudjai, domiciled at 2 B RUE DE VALENTON 94470 BOISSY-SAINT-LEGER
The brand markets, to its customers via its website, the following makeup products: foundation, dark circle remover, lipstick, mascara, powder, and other various makeup products.
The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the GTC/UG) before placing an Order, which implies acceptance of the GTC/UG.
The characteristics of the products are indicated on the Website. It is the Customer’s responsibility to take this into account before making a purchase. The photographs or graphics presented on the Web Site are not contractual.
The Customer acknowledges having read and accepted them by checking the appropriate box before placing an online Order.
The GCS/GU shall govern the terms and conditions under which the Company sells its Products to its Professional and Consumer Customers via its Web Site.
They shall apply to all sales made by the Company and shall prevail over any conflicting document, notably the Client’s general terms and conditions of purchase.
They are systematically communicated to the Client who requests them.
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The Customer is invited to read carefully, download, print the General Conditions and keep a copy.
The company advises the Customer to read the General Conditions with each new order, the latest version of the said Conditions being applicable to all new orders.
By clicking on the first button to place the order and then on the second button to confirm the order, the Customer acknowledges that he/she has read, understood and accepted the General Conditions without limitation or condition.
In the event of a subsequent modification of the T&C/GU, the Customer is subject to the current version.
“Customer” refers to the Professional or the Consumer who places an Order for a Product sold on the Web Site;
“Order” refers to any order placed by the User registered on the present Web site;
“General Terms and Conditions of Sale and Use” or “GTC/UG” refers to the present general terms and conditions of use and online sales;
“Consumer” refers to the buyer who is a natural person and is not acting for professional purposes and/or outside of his professional activity;
“Products” refers to all products available on the Site;
“Professional” refers to the buyer who is an individual or a legal entity acting within the framework of his professional activity;
“Site” refers to this Site;
“Company” means the Company, 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 of legal age and enjoying their full personality and legal capacity.
The use of the Site is conditional on the registration of a User. Registration is free.
In order to register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed.
The Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is exact and in conformity. They agree to update their personal information from the page dedicated to them and available in their account.
Every registered User has a login and a password. These 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 will not be held responsible for any impersonation of a User. If a User suspects fraud at any time, he or she must contact the Company as soon as possible so that the Company can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, can only hold one account on the Site.
In case of non-compliance with the GTC/GU, in particular the creation of several accounts for one person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all the accounts created by the offending User, and the User will have to reimburse the Company if there is an exceptional promotion carried out on several accounts.
The deletion of the account leads to the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted 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 T&C/GU, the offending User is expressly prohibited from re-registering on the Site directly, through another email address or through an intermediary without the express permission of the Company.
Any Order can only be made when the User registers on the Site. The User, when he/she is connected to his/her account, can add Products to his/her virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and make his Order by pressing the Order button.
The Customer must enter an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.
The Company shall be entitled to offer the Client price reductions, discounts and rebates depending on the number of Products available on the Web site or on the regularity of the Orders, in accordance with the conditions set by the Company.
6. Products and prices
The Products covered by the GTC/GU are those which appear on the Site and which 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 carried out within the limits of the Company’s available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.
When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page is the price in dollars, all taxes included, excluding shipping costs and taking into account applicable discounts in effect on the day of the Order.
The price indicated does not include shipping 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 Customer a detailed quotation setting out the price calculation formula.
Under no circumstances shall a User be entitled to demand the application of discounts that are no longer available. In no event shall a User be entitled to demand the application of discounts that are no longer in effect on the date of the Order.
Likewise, a User may not demand the application of discounts once the Order has been placed.
7. Terms of payment
Unless otherwise agreed, all sales are paid for in cash at the time the Order is placed.
Payment is made by :
Credit card via a secure connection.
In the event of non-payment of the Products in whole or in part by the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation used shall be the most recent on the date of the Order for the services.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
In the event of non-payment of the Products in whole or in part on the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Client between penalties for delay in the supply of Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.
The penalty due by the Client, whether 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 Company undertakes to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer’s geographical area, the delivery method chosen or the Product ordered.
If the 10-day delivery deadline is exceeded, except in cases of force majeure, the Client may request the termination of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.
In this case, the Client will be reimbursed within 30 days if payment has already been made.
In the event that delivery is impossible due to an error in the address provided by the Client, the Company will contact the Client as soon as possible to obtain a new delivery address and any additional delivery costs will be borne by the Client.
Furthermore, the Company cannot be held responsible for reasons related to exceeding the delivery time:
During periods of high demand, such as holiday periods,
For delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
For facts attributable exclusively to the carrier in charge of the delivery.
The delivery is made, according to the choice of the Customer and according to the prices indicated on the Site:
to the address indicated by the Customer when placing the Order, by regular mail or by signature.
at one of our partner locations as indicated on the Site. A valid identification document will be required to collect the Products.
Otherwise, the Products ordered will not be delivered to the Customer.
For all Sales Orders placed through this web site, the client has the right to make a claim within 14 days of receiving the Products. It is the Client’s responsibility to verify the apparent state of the Products upon receipt. If no reservations are expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
In order to exercise this right of complaint, the Client must send the Company a statement in which he/she expresses his/her reservations and complaints, together with the relevant supporting documents (receipt form countersigned by the carrier, photographs, etc.).
A claim that does not respect the conditions described above cannot be accepted.
The Company will repair, replace or reimburse the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Right of withdrawal of the Consumer
The Consumer can only benefit from a 14-day right of withdrawal from the Order as concluded by the Consumer Code on Products that the Company offers having a risk of hygiene and health protection mentioned by the article L.221-28 of the Consumer Code example of product category related to the article make-up .
To exercise this right of withdrawal, the Consumer sends a statement.
The Products must be returned in their original packaging and in perfect condition within 7 days from the notification of the withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.
The Consumer shall be reimbursed for all costs paid for the placing of the Order within 14 days of the Company becoming aware of the Consumer’s declaration of withdrawal.
The refund will be made by the same means of payment as the one used for the purchase.
To exercise this right of return, the Consumer must obtain an authorization from the customer service after having contacted it by e-mail.
The registration of the request for return is compulsory. Once validated by us, you will receive the return form.
The Products must be returned in their original packaging and in perfect condition within 7 days from the notification of withdrawal to the Company by the Consumer. The direct costs of return remain at the charge of the Company.
The Consumer shall be reimbursed the full purchase price of the products (not including delivery costs) paid for the placing of the Order within 14 days of the Company becoming aware of his/her declaration of withdrawal.
The refund will be made by the same means of payment as the one used for the purchase.
To exercise this right of exchange, the Consumer must obtain an authorization from the customer service after having contacted it by e-mail.
The Consumer shall have 14 days from the date of receipt of the Order to return the exchange.
Registration of the exchange request is mandatory. Once validated by us, it is the Consumer’s responsibility to return the Products he/she wishes to exchange in their original packaging and in perfect condition, and to send them to the address indicated on the return slip, which should be printed out and stuck to the packaging.
The return costs are at the charge of the company and the company will pay the shipping costs of the new order.
11. Transfer of risk and ownership
The Company retains ownership of the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the deposits paid shall remain with the Company as compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks occurs upon delivery or upon collection of the goods from the store when the Client has chosen in-store delivery.
12. Legal warranties
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 delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge 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 purpose 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 presented to the buyer in the form of a sample or model ;
if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 of the Civil Code:
“The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser 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 Products that do not conform or are affected by a defect. 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 to which it is delivered.
The Client shall inform the Company of the existence of the defects within two years. The Company shall rectify the Products found to be defective to the extent possible. If the Company’s responsibility is retained, the guarantee is limited to the amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the warranty.
The Company reserves the right to make changes to the Site, the T&Cs/Guidelines and any delivery procedures or other elements of the services provided by the Company through this Site.
When an Order is placed, the User shall be subject to the terms and conditions set forth in the current GTC/UGS not in effect at the time the Order is placed.
14. Processing of personal data
The registration on the Site entails the processing of the Customer’s personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of inquiry, access, rectification, modification and opposition to all of his personal data by writing, by mail and proving his identity.
This personal data is necessary for the processing of the Order and for the establishment of invoices, if any, as well as for the improvement of the Site’s functionalities.
15. Sharing of collected data
The Site may use third-party companies to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her 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 receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving such commercial offers by writing to the Company’s address indicated above, or by clicking on the link provided for this purpose in the e-mails received.
In addition, Customer information may be transmitted to third parties without their prior express consent for the following purposes
To comply with the law
Protect any person from serious bodily harm or death Protect the Company’s property rights.
16. Data protection
The Company ensures an appropriate level of security proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 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 operation of the various interfaces and applications, the Company may place a cookie on the User’s computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a file called a “cookie” on the User’s hard drive.
The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User’s browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to perform any updating, improvement or maintenance operation.
As previously mentioned herein, the Company shall not be liable for any delay in delivery due to reasons beyond its control, independent of its will, unforeseeable and irresistible or for which it cannot be held responsible.
19. Intellectual Property
The brand, the logo, and the graphic charter of the present Site are registered trademarks at the INPI and works of the mind protected under the copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.
20. Jurisdiction clause
The law governing the GCS/GU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions will be subject to an attempt at amicable resolution. Failing that, the disputes will be brought to the attention of the competent courts under common law.
21. Acceptance of the T&Cs/GU
The Customer or the User expressly accepts the GTC/GU.
The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general conditions of purchase.
The Consumer acknowledges having been informed of the information and details 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 on the identity of the Company (postal, telephone and electronic contact details); Information on the legal and contractual guarantees and their implementation procedures; The possibility of resorting to conventional mediation in the event of a dispute;
Information on the right of withdrawal (time limit, methods of exercise).
22. Affiliate/Influencer Program
The following terms and conditions apply to your participation in the Affiliate Program. By participating in the program, you agree to abide by these terms:
We reserve the right to terminate this program at any time and for any reason. Participation in the program may require users to submit personal information about themselves and their friends, such as their name and email address. By participating in our program, users agree to receive communications, and/or from our partners who manage and maintain the program, regarding participation in the program. The following guidelines apply to a user’s participation in any affiliate program. If you do not agree to the terms and conditions contained in this Agreement in their entirety, you are not permitted to register as an Affiliate or participate in the Affiliate Program in any way.
1) Who may participate?
The Affiliate must be pre-approved to earn affiliate rewards. The Affiliate will receive an exclusive promo code that will allow them to track the performance and earnings of their share.
2) What is a qualified referral?
At your sole discretion, you can earn for each Qualified Referral A royalty of 7% on the 1st shopping cart of the referred customer.
The order made by the referred person must have validated that order and of course the order must not be refunded afterwards.
3) What methods can you use to send referrals or your affiliate link from?
Share on your social networks
Email (but don’t be a spammer!)
Word of mouth and give out your unique referral code
Add links on your website(s)
(Private does not allow the use of paid search campaigns that include branded or partner terms).
4) No fraudulent activity or illegal participation
We reserve the right to cancel any referrals and rewards earned if we suspect that they have been earned fraudulently, in a manner that violates these terms, or in a manner not intended. Similarly, you agree not to participate in this program in a threatening, abusive, illegal or unsportsmanlike manner.
5) disclaimer of liability
By participating in the Program, you agree that you will not be liable for, and will indemnify and hold harmless, any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, to your participation in the Program. You will not settle any claim without prior written consent. In addition, you agree that we are not responsible for faulty referral links; any errors, omissions, interruptions, defects or delays in transmission, order processing or communication; technical or mechanical malfunctions; errors in these terms, in any materials related to the program; human processing errors; failure of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error or otherwise.
6) program changes
Article 23 – Mediation and Dispute Resolution
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or to any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. The name, contact details and e-mail address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr