AyshGlamm GTC

GENERAL CONDITIONS OF SALE

The company AYSHGLAMM EURL with a share capital of €500, registered with the RCS of Nanterre under the number: 829359652, Intra-Community VAT number: FR62829359652, (hereinafter "the Vendor") offers its Customers products or services (hereinafter the "Products" or "Services") via its website www.ayshglamm.fr (hereinafter the "Website"). It is hereby specified that these General Terms and Conditions of Sale (hereinafter the "GTC") exclusively govern the sale of Products or Services on the Site.

CONTACT INFORMATION

- Head Office: 235 Avenue le Jour Se Lève, 92100 Boulogne-Billancourt, France
- Phone number: +33 (0)9 52 54 38 00
- Email: contact@ayshglamm.fr

Internet users visiting the Site who are potentially interested in the Products and Services offered are invited to read these GTC carefully. They are invited to print them out and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them in full and without reservation.

Application of the GTC

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 his order on the Site.

This Site offers the following services for sale online:
Make-up training, Make-up services, Events, Products and customer networking.
Access to the Site is free for all Clients. The Client declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before the online ordering procedure is carried out. The fact of ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTCs assumes that the Customer has the legal capacity to do so. If the customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the permission of a guardian, curator or legal representative.

The Customer acknowledges the value of the Seller's automatic recording systems as evidence and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.

Article 1 Masterclass

1.1 - TICKET PRICES

The prices of the Tickets are quoted in the relevant currency and are inclusive of all taxes, including rental charges and, where applicable, administration fees.

All orders, regardless of their origin, are only payable in the currency indicated during the ordering process.

A Ticket cannot be taken back, exchanged or refunded, even in the event of loss or theft.

A Ticket may only be refunded if the Event is cancelled by decision of the Organiser.

Ayshglamm reserves the right to change its prices at any time, but products will be invoiced on the basis of the prices in force at the time of order registration.

1.2 - AVAILABILITY AND SEATING PLAN

You are informed, in real time, when you place your order, of the availability of the desired Tickets.

If some or all of the Tickets in the desired category are unavailable, Ayshglamm will notify you and you may purchase Tickets in another category, subject to availability.

If the number of Tickets you requested was greater than the number of Tickets available in your chosen category or in another category offered, Ayshglamm may allocate you non-contiguous seats.

In any case, you can check the adequacy of the order with your wishes at the time of the validation of the order.

1.3 - PAYMENTS

For orders for paid Tickets, you must make your payments by credit card directly on the Ayshglamm.fr Websites. Ayshglamm accepts payment by bank cards from the CARTE BLEUE / VISA and EUROCARD / MASTERCARD networks as well as any other networks mentioned at the payment stage.

Your bank account will be debited with the amount of the order, as soon as the transaction is validated in the case of a secure CB payment, except in the case of a deferred debit, in which case the debit will be effective on your bank account at the end of the month.

A proof of order will be automatically sent to you by e-mail as soon as the payment has been registered.

In order to be valid, the Ticket must not have been the subject of a stop payment or an unpaid credit card used for the order, in which case the bar code will be deactivated: you will then be unable to access the Event.

1.4 - PRINTING CONDITIONS AND VALIDITY OF THE TICKET

This Ticket is only valid if printed on blank white A4 paper, front and back. The print size must not have been altered, the print quality must be good and all information on the Ticket must be legible. The print can be in black and white or in colour.

Partially printed, soiled, damaged or illegible Tickets will not be accepted and will be deemed invalid.

The Organiser can also accept other ways of presenting the Ticket: mobile phone, tablet, etc. These possibilities can be presented, if necessary, during the ordering process.

1.5 - USE AND VALIDITY OF THE TICKET

The Ticket is neither exchangeable nor refundable.

It is personal to you and is non-transferable, unless expressly authorised by the Organiser. It is possible that the Organiser did not wish to make each of the Tickets nominative, in which case they will only bear the same identity, i.e. that of the purchaser indicated at the time of ordering. In any event, the Ticket may not be sold for a face value greater than that indicated on the Ticket. Ayhglamm reserves the right to take legal action against Buyers who offer Tickets for sale at a price higher than their face value.

The Ticket is only valid for the specific location, session, date and time of the Event.

After the start time, access to the Event is no longer guaranteed: in this case, you will not be entitled to a refund. You are advised to arrive before the start of the Event, at least 30 minutes in advance.

Some of the times indicated by the Organiser may be strict deadlines without tolerance for late entry.

1.6 - TICKET CONTROL AND ACCESS TO THE EVENT

The Organiser is responsible for ensuring the control of the Tickets unless it has delegated this task to a third party. It is the unique barcode and the Ticket identifier, if any, that will allow the validity of each Ticket to be verified.

For registered Tickets, the Organiser may still check your identity at the entrance to the venue where the Event is taking place. You will therefore need to carry valid official photo identification if you wish to enter the Event.

The Organiser may, when setting up the Event, indicate any other credentials to be presented at the entrance to the venue where the Event takes place. In this case, we will inform you prior to the Event and the Organiser may request the presentation of such documents.

You must retain your Ticket or the standard 2-piece Ticket that may have been issued to you upon entry to the Event by the Organiser for the duration of the Event.

You are reminded that the Organiser is not obliged to check the identity of the person in possession of the Print at Home Ticket, nor to check the authenticity of the Print at Home Ticket insofar as the copy of the Print at Home Ticket cannot be detected with certainty. You are therefore reminded that you are responsible for keeping your Ticket and that you may be refused access to the Event even if your name appears on the Ticket.

1.7 - FRAUD

It is strictly forbidden to reproduce, duplicate or counterfeit a Ticket in any way whatsoever. The person who has reproduced the Ticket and the user of the copy of the Ticket are liable to prosecution. In the event of loss or theft, Ayshglamm accepts no responsibility for the illegal use of the Ticket.

1.8 - WITHDRAWAL PERIOD, CANCELLATION AND REFUND

In accordance with Article L 121-20-4 of the French Consumer Code, the Tickets are not subject to a right of withdrawal. All orders are firm and final. You will be informed of any cancellation, postponement or substantial modification of the Event by Ayshglamm

Only the buyer who placed the order on the Ayshglamm website and whose name appears on the Ticket may be refunded.

Your refund, excluding bookings via Offline Payment, will only be made by Ayshglamm:

- If the Organiser has voluntarily requested a refund from the buyers,
- Or if the Organiser has accepted the buyers' request for a refund,

By purchasing a Ticket on the Ayshglamm website, you expressly agree to waive any claim against Ayshglamm for reimbursement.

It is recalled that any decision to cancel, postpone or modify an Event is the responsibility of the Organiser.

1.9 - BEHAVIOUR TO BE ADOPTED DURING THE EVENT

You must comply with the Organiser's instructions when at the Event venue.

The Event Rules and Regulations will be available for consultation, either directly on the Organiser's website, or prior to accessing the Event, or following their transmission by the Organiser by e-mail and prior to the Event.

Except in special circumstances, no photography, filming or recording is permitted during the Event.

1.10 - LIABILITY - APPLICABLE LAW

In accordance with law n°2004-575 of 21 June 2004, article L 121-20-3 of the Consumer Code, Ayshglamm is automatically responsible to the consumer for the proper performance of the obligations resulting from the contract concluded at a distance. In this respect, Ayshglamm is responsible to you for the correct transmission of the Ticket and, where applicable, for the correct execution of the payment.

The sales of Tickets referred to herein are subject to French law.

In case of dispute, only the French courts have jurisdiction.

Article 2 - Prices and payment methods (except for Masterclass, see article 1)

2.1 - Pricing

The prices of the Products and/or Services are indicated in euros including all taxes (VAT + other taxes and in particular tax on videograms, eco-participation...) excluding participation in processing and shipping costs.

AYSHGLAMM reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Website.

However, the products will be invoiced on the basis of the prices in force at the time of the order validation. The prices displayed include the contribution to the processing and shipping costs.

2.2 - Late fees

In the event of late payment by the Professional Customer, the Seller may suspend all outstanding orders, without prejudice to any other course of action.

Any sum not paid on the due date set out in these GTC shall automatically, without formality or formal notice, from the day following the payment date set out on the invoice, give rise to the application of late payment penalties equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.

The Seller reserves the right to ask the Customer for an additional sum if the collection costs incurred exceed this amount.

This penalty is calculated on the amount of the outstanding amount including VAT and runs from the due date of the price without any prior notice of default being required.

In addition to the late payment compensation, a fixed compensation for collection costs of 40 euros shall also be due, ipso jure and without prior notice to the Customer.

Article 3 - Orders and customer account

3.1 - Customer account

It is not necessary to create a customer account before placing an order. However, the Customer undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her email address, when ordering.

3.2 - Terms of payment

The Customer may place an order on this Site and may pay by :
- Credit card
- Cheque
- Bank transfer
- Cash
- Paypal

No data relating to the Customer's means of payment is collected by the Site. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery periods defined in the "Delivery" article of these GTC shall only begin to run from the date of actual receipt of payment by the Seller, the latter being able to prove this by any means.

The order forms and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

3.3 - Orders

The Customer can place an order on :
- On the Internet: www.ayshglamm.fr
- By telephone during AYSHGLAMM opening hours
- By e-mail to: contact@ayshglamm.fr

The contractual information is presented in the French language and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.

3.4 - Payment terms

Sales are final after payment of a deposit to the Seller, the amount of which is specified on the order form. It represents a percentage of the total price of the invoice excluding taxes.

The price to be paid to the Seller is therefore the total price of the invoice, minus the amount of the deposit already paid.

Article 4 - Validation of the order

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her order. The validation of the order therefore implies acceptance of these General Terms and Conditions of Sale.

Article 5 - Performance of the Services

AYSHGLAMM undertakes to use all human and material resources to carry out the service within the timeframe announced when the order was placed. These deadlines are communicated as an indication.

However, it cannot be held responsible for delays in the performance of services caused by faults for which it is not responsible.

Any delay of delivery compared to the date or to the deadline indicated to the Consumer Customer at the time of its order or, in the absence of indication of date or deadline at the time of the order, higher than thirty (30) days as from the conclusion of the contract can involve the resolution of the sale at the initiative of the Consumer Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-1 of the Code of the consumption. The request will have to be written on his part, sent by registered letter with acknowledgement of receipt if after having enjoined the Seller to carry out the delivery it did not carry out.

The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to force majeure.

In the event that the execution of a physical service should not have been carried out or should have been postponed due to an error in the address indicated by the Client, the travel expenses of the service provider appointed by the Company to carry out the unsuccessful service will be charged to the Client.

The Customer shall have a period of 2 (two) days from the provision of the Services to submit complaints by registered mail with all the relevant supporting documents to the Seller. No claim shall be validly accepted if the Customer fails to comply with these formalities and deadlines.

Article 6 - Right of withdrawal (except for Masterclass see article 1 and products)

6.1 - Legal time limit for the right of withdrawal

In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the Customer has a period of 14 days from the date of placing the order to exercise his right of withdrawal without having to justify his reasons or pay any penalty.

6.2 - Withdrawal terms

To exercise his or her right of withdrawal, in accordance with the legal provisions, the Customer may find attached in Appendix 2 the standard withdrawal form to be sent to AYSHGLAMM at the following address AYSHGLAMM 235 Avenue le Jour Se Lève, 92100 Boulogne-Billancourt, France. The request must mention the order concerned by this withdrawal.

The Customer may exercise his right of withdrawal by : Registered letter

In the event of exercising the right of withdrawal, AYSHGLAMM will reimburse the sums paid within 14 days from the date on which AYSHGLAMM is informed of your decision to withdraw, using the same means of payment as the one used for the order (unless the Customer expressly agrees to reimbursement by another means of payment).

6.3 - Withdrawal period for professionals

The right of withdrawal shall also be extended to professionals who fulfil the following conditions: professionals who have concluded off-premises contracts provided that the subject matter of these contracts does not fall within the scope of the principal activity of the professional sought and that the number of employees employed by the latter is less than or equal to five. The time limits are identical to those in the previous paragraph.

Article 7 - Liability

The Seller's liability may only be incurred in the event of gross negligence, intent or fraud. In all other cases, the Seller's liability may never be sought or incurred by Customers.

Article 8 - Intellectual Property

All texts, comments, works, illustrations and images reproduced or represented on the AYSHGLAMM Website are strictly reserved under copyright law and intellectual property law for the entire world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction or representation of the Site or of all or part of the elements found on the Site is strictly forbidden.

The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden and must be subject to prior written authorisation from the owner of the trademark.

Article 9 - Applicable law - Disputes - Handling of complaints

Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction.

Handling of complaints: For any complaint you can contact the customer service department at the address mentioned in the preamble of these conditions.

Jurisdiction :

In the event of any difficulty arising in connection with the order or delivery of the items sold on the Website, the Customer shall first contact AYSHGLAMM to seek an amicable solution. The Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution method.

In the event of a dispute, in accordance with Regulation 44/2001 of 22 December 2000 :
- The Customer may bring the matter either before the court of the place where he/she is domiciled or before the French courts,
- AYSHGLAMM may bring the matter before the court of the place where the Customer is domiciled.

Article 10 - Personal data

The personal information and data concerning the Customer are necessary for the management of his order and for commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow AYSHGLAMM to improve and personalise the services offered and the information provided.

The processing of information communicated through the Site has been declared to the CNIL (French Data Protection Authority) under the number ____________.

In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and oppose any personal data concerning him/her. He/she may do so by writing online to Customer Service or by mail to AYSHGLAMM 235 Avenue le Jour Se, 92100 Boulogne-Billancourt, France, indicating name, first name, e-mail address.

In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the reply should be sent. A reply will then be sent to the Customer within 2 months of receipt of the request.

Annex 1

Article L. 217-4 Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5 Consumer Code

The goods are in conformity with the contract:
1. If it is fit for the purpose usually expected of similar goods and, if applicable :
- 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;
- whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 Code de la consommation

An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L. 217-16 Code de la Consommation :

Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.

Article 1641 Civil Code

The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Appendix 2 - Withdrawal Form

If you wish to withdraw from your order placed on AYSHGLAMM, please complete and return this form - except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

Attention: AYSHGLAMM 235 Avenue le Jour Se Lève, 92100 Boulogne-Billancourt, France

I hereby notify you of my withdrawal from the contract for the sale of the goods / for the

service presentation(*) below:

Ordered on ............................................ / Received on

……………………………………………………………….. (*)

Order number: ................................................................................

Name of consumer(s): ..........................................................................

Address of the consumer(s): ..........................................................................

Signature of the consumer(s) (only if this form is notified on

paper) :

Date: ..........................................................................

(*) Delete as appropriate