Unqiueglitter.com - November 2017
General Terms and Conditions of Sale
1. Sales Associate Identification
Chapitre 1 These General Terms and Conditions of Sale are those of UNIQUE GLITTER,
a German company, having its registered office at Georgenstr. 20 – 80799 Munich – Germany.
2. Scope of Application and Acceptance of the General Terms and Conditions of Sale
The purchase of any Products offered on the www.uniqueglitter.com website (hereafter known as the “Site”) is subject to these terms and conditions of sale for the Site ("Terms and Conditions of Sale").
UNIQUE GLITTER Products are exclusively intended to be sold to end consumers, natural persons or corporations, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that it is acting as the end consumer and does not intend to resell the UNIQUE GLITTER Products for commercial purposes.
UNIQUE GLITTER may update these Terms and Conditions of Sale at any time. You can view the applicable version of the
Terms and Conditions of Sale at any time by clicking on the hyperlink labelled "General Terms and Conditions of Sale".
The Terms and Conditions of Sale applicable at the time of entering into the contract of sale are those which are binding on you.
3. Ordering Procedure
The Site may be used to order a selection of UNIQUE GLITTER brand products (hereafter the “Product(s)”) from
UNIQUE GLITTER, directly online via the Internet for a worldwide delivery (see section "8.1 Delivery and Collection Area" below).
4. Availability of Products
Our Product offers and prices are valid as long as they remain visible on the Site, subject to availability.
Exceptionally, errors or changes may be made, especially in cases of simultaneous orders of the same Product by several customers. If a Product is unavailable after ordering, we will inform you of such unavailability by email or by phone as soon as possible. You will then be presented with the choice to order an alternative Product from the Site or to cancel your order.
UNIQUE GLITTER shall not liable if Products are out of stock or unavailable for orders that have not yet been accepted.
UNIQUE GLITTER reserves the right to change the Products offered on the Site at any time and without any prior notice.
In order to improve service quality and ensure greater availability of our Products for all customers of the Site, UNIQUE GLITTER reserves the right to limit the number of Products which can be purchased per customer, in accordance with relevant applicable provisions.
5. Ordering Procedure
5.1. Selecting Products
You may at any time add Products to your selection by clicking on "ADD TO CART", and choose to complete your order or continue shopping.
You may view your selection by hovering over it or by clicking on "VIEW CART" in the menu on the top right hand side, where photograph(s) of the Product(s), colour and reference number(s), the quantity selected, unit price(s), and the subtotal for the selection will be displayed.
Once you have selected the Product(s), click on "CHECKOUT" to begin the process of placing your order.
5.2. Order confirmation
5.2.a) Confirmation of place of delivery
You will be required to enter the delivery details needed to ship your order successfully: shipping country, title, surname, first name, phone number, delivery address
5.2.b) Confirmation of payment method and payment of order
You may use your delivery address as your billing address or enter a different address. You will then be prompted to select a payment method and enter the relevant information.
You must carefully check that your selection is correct before confirming your order. While every effort is made to ensure that the colour and design of the Products in the photographs displayed on the Site match those of the original Products, variations may occur, in particular due to colour display constraints on your computer equipment.
Consequently UNIQUE GLITTER shall not be held liable for any error or insubstantial inaccuracy in the photographs or graphic representations of the Products included on the Site. In the event of queries regarding the Products, you may of course contact our Customer Service.
For more information concerning payment methods (currency, methods of payment accepted, etc.), please refer to the section "6. Price – Methods of Payment Accepted" below.
When finished, your order is transmitted to UNIQUE GLITTER for processing.
UNIQUE GLITTER reserves the right to not accept any order placed by a customer with whom it has a dispute concerning a prior order, or if UNIQUE GLITTER has reasonable cause to suspect that such customer has violated these Terms and Conditions,
or is engaged in any fraudulent activity, or on any other legitimate grounds.
5.2.c) Confirming the order
You will subsequently receive an order summary by email. The acknowledgement of receipt will mention the total amount of the order, and the essential characteristics, the quantity and the price and of the Products purchased.
We advise you to keep this acknowledgement of receipt as a hard copy or in an electronic format.
6. Price – Methods of Payment Accepted
6.1. Price
For the countries of the European Union the prices of the Products are indicated in Euros, all taxes included.
The non-EU countries the prices of the Products are indicated in Euros, excluding taxes and the duties and taxes must be paid by the customer according to the legislation in force in the country of delivery.
Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal or ii) due to lack of conformity and hidden defects, UNIQUE GLITTER will not reimburse the VAT applied on the purchases made on the Site (even in the event where the buyer, after receipt of the Products, re-exports them to a country located outside the European Union).
UNIQUE GLITTER reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice. Products are invoiced on the basis of a price list posted on the Site at the time of your order, subject to the availability of the Products ordered at this time.
All orders are payable in Euros and must be paid for immediately at the time of ordering. If any of the ordered Products are unavailable (see Section 4 "Product Availability"), only the price and the shipping costs of the available Products will be charged.
6.2. Methods of Payment Accepted
6.2.a) Payment by credit card or debit card
We accept payment by the following credit cards and debit cards: Visa® and Mastercard®. Payments by debit card are authenticated and secured thanks to the 3D Secure system. This system is also known under the names of
"Verified by Visa®" or "MasterCard® SecureCode". During payment, the bank asks the Internet user for his/her personal information in order to check the identity of the card holder and to validate the transaction.
How to pay with 3D Secure on Grepier.com?
After validation of your banking details (card number, expiry date and card verification number), a new page will be displayed on which you have to enter the personal information requested by your bank. This information can be:
- the answer to a personal question;
- a password you have previously chosen;
- a code sent by SMS;
- your date of birth…
Once the 3D Secure code is entered and validated by your bank, your order is complete. You will then receive a confirmation email.
Authentication is specific to each bank. For any questions concerning your 3D Secure code, please contact your bank directly.
Your order will only be dispatched after your payment method has been verified and upon receipt of your card's debit authorisation.
Your account will only be charged when the Products are dispatched.
6.2.b) Payment by PayPal
We also accept payments with PayPal. When completing your order, you will be automatically redirected to the PayPal platform in which you will need to log in to your account. If you don't have a PayPal account, you will be able to create one. After the validation of your order with PayPal, you will be redirected to the confirmation page of Gregpier.com.
Additional delivery time may be required for orders completed using PayPal.
7. Title Retention
The Products ordered remain the property of UNIQUE GLITTER until full payment for the Products has been received by
UNIQUE GLITTER.
However, you assume the risks (in particular regarding loss, theft or damage) relating to the delivered Products from the moment they are delivered to the address specified when placing your order.
8. Shipping Methods
8.1. Delivery and Collection Area
8.1.a) Delivery to a postal address
Products purchased on the site are shipped free of charge worldwide.
Notably for security reasons, UNIQUE GLITTER shall not process any order for which a general delivery address, a P.O. box,
or a Cedex address has been provided.
The Products will be shipped to the delivery address specified when placing your order.
8.2. Shipping Costs
Products purchased on the site are delivered free of charge only in European union.
8.3. Time Required for Delivery and Collection
The delivery times below are counted from the time of approval of your order by our Customer Service.
8.3.a) Delivery to a postal address
At the beginning of the ordering process, we will provide you with the timeframe required for delivery and the various shipment methods available for the purchased Products and country of delivery. The price of shipping will be due in addition to the price of the purchased Products.
8.3.b) Delivery to Germany
DHL Express :
- two (2) business day for all orders placed and validated before 1 p.m. (GMT+1) on a business day.
- three (3) business days for all orders placed and validated after 1 p.m. (GMT+1) on a business day.
8.3.c) Delivery to Europe and the United Kingdom
DHL Express :
- three (3) business days for all orders placed and validated before 1 p.m. (GMT+1) on a business day,
- five (5) business days for all orders placed and validated after 1 p.m. (GMT+1) on a business day.
However, UNIQUE GLITTER reserves the right to divide your order into several shipments. Your credit or debit card shall then be charged accordingly to correspond to the price of Products actually shipped.
For any questions, please contact our "Customer Service" hyperlink.
9. Delivery Problems
Any failure to deliver, late delivery, unavailability or delay in availability of your Products in store, exceeding the delivery times stated in Section 8.3 must be reported to our Customer Service as soon as possible. No claims notified to us more than fourteen (14) calendar days from the date of confirmation of your order will be taken into account.
In the event of failure to adhere to the delivery time, you can cancel the order by email or by registered post to the following address:
UNIQUE GLITTER
Georgenstr. 20
80799 Munich
Germany
UNIQUE GLITTER shall be bound to reimburse you the full amount paid, at the latest within fourteen (14) days of the date of the termination of the sale contract. However, if you receive the Product after having exercised this right, you must return it in accordance with the return procedure indicated in Section 10 below.
You must check for any lack of conformity in the Products at the time of delivery and, if any anomalies are found (e.g., open package, damaged goods, etc.), you must handwrite any reservations, if possible on the delivery note, and sign it.
You must then contact the Customer Service by email by clicking on the "Customer Service" hyperlink. If the goods do not conform to your order or you are not satisfied with them, you may return them or ask for an exchange or a refund pursuant to the terms and conditions set forth in section "10. Right of Withdrawal – Returns, Exchanges and Refunds".
10. Right of Withdrawal – Returns, Exchanges and Refunds
10.1. Right of withdrawal and withdrawal period
You have a legal right of withdrawal of your order, which you may exercise, without having to provide reasons and without having to pay any penalties.
The general refund policy of UNIQUE GLITTER allows you to withdraw within fourteen (14) days from the date of delivery of the Products, without having to provide reasons and without having to pay any penalties. Beyond this time, you will no longer be able to exercise your right of withdrawal.
10.2. Procedure for exercising your right of withdrawal
We offer you the option to send a notification of withdrawal by sending an email by clicking on the "Customer Service"hyperlink. You will promptly receive email confirmation of your withdrawal.
You may also, within the 14-day withdrawal period indicated above, send to the following address any other form of notification that clearly states your wish to withdraw:
UNIQUE GLITTER
Georgenstr. 20
80799 Munich
Germany
10.3. Consequence of the right of withdrawal
In the event the product does not comply with your order or in the context of your right of withdrawal, you may ask for an exchange or refund of the Product(s) purchased under the conditions set out in Section 11 below.
11. Procedure for Returns, Exchanges and Refunds
11.1. Returns to the Uniqueglitter.com Site
11.1.a) Procedure for return free of charge
When exercising your right of withdrawal, Products must be returned in their original condition and packaging, together with their purchase invoice or a copy in the case of a partial return.
Returning a product for exchange or refund is at your expense. In order to do this, you must return the Products to us via the carrier of your choice, within a maximum of fourteen (14) days of your notification of withdrawal, by contacting our "Customer Service" and indicating the reason for your return as well as the products returned, a confirmation email will be sent to you and you will be able to return the package to us at the following address:
UNIQUE GLITTER
Georgenstr. 20
80799 Munich
Germany
In this case, we advise you to take out the insurance offered by your carrier. UNIQUE GLITTER will not be liable if any Product you wish to return to the Site is lost, sent to the wrong address or delivered late insofar as you must bear the risks of the shipment method you have chosen and initiated.
Under no circumstances will it be possible to grant you an electronic credit note for use on the Uniqueglitter.com Site.
11.1.b) Exchange
When requesting an exchange, please indicate in the allocated field the Product(s) you wish to receive in exchange for your order.
Should you wish that the chosen product(s) be held for you, please contact our "Customer Service".
If the amount of the Product(s) selected in replacement is greater than the amount of the Product(s) returned, you will have to pay the price difference in accordance with these Terms and Conditions of Sale.
If the amount of the Product(s) selected in replacement is less than the amount of the Product(s) returned, UNIQUE GLITTER will refund the price difference (as a reminder regarding gifts, only the customer having purchased the gift may ask for a refund and have his/her bank account recredited) in accordance with these Terms and Conditions of Sale.
If you ask for an exchange of Products, the shipping costs for the second shipment are free of charge.
Please note that the product(s) will be exchanged within seventy-two (72) working hours of receipt.
11.1.c) Refund
If a refund has been requested, the product(s) will be refunded within seventy-two (72) working hours of receipt.
You will be sent a confirmation email. The refund, including the delivery costs of the initial order, shall be issued via the same payment method used for the order and in the same currency used by the client when paying for the order.
Please note that your bank may take up to ten (10) business days to issue a refund to your card, depending on processing times. This may vary among card issuers; we have no control over this process or the corresponding processing times.
11.1.d) Gifts ordered on the Uniqueglitter.com Site
Third-party recipients of gifts ordered on the Site may only exchange the Products via the procedure for return to the Site. Consequently only the customer having purchased the gift may ask for a refund in the context of the right of withdrawal (insofar as it is only possible to recredit the bank account of the person having ordered the product).
Otherwise, only an exchange for a Product of an equivalent or greater value (the difference in price must be paid by the recipient of the gift) is possible. The third-party recipient should contact our "Customer Service" which will log the exchange.
11.1.e) Returns & exchanges for PayPal orders
If you ask for an exchange for an order completed with PayPal, your credit card details will be required if the amount of the new exchange order is higher than the initial order, any additional amount owing can only be paid by credit card. We are unable to accept PayPal payment for the additional amount owed to complete the exchange order (Uniqueglitter.com is unable to access personal PayPal information). If the amount of the new order equals the initial order, no credit card information/payment will be required.
If you ask for a refund, your PayPal account will be credited the original purchase amount.
12. Legal and commercial guarantees
12.1. Legal guarantees
Products sold by UNIQUE GLITTERare subject to the terms of legal guarantees laid down in Articles L217-4 to L217-14 of the French Consumer Code, as well as in Articles 1641 to 1648 of the Civil Code, to the exclusion of any other guarantees:
- Legal guarantee of conformity:
UNIQUE GLITTER will deliver a Product to you that is consistent with the sales contract and free from any defects upon delivery of said Product, in that the Product will be fit for the use normally expected of a similar product and will present the characteristics outlined at the time of sale. UNIQUE GLITTER is also accountable for any defects resulting from packaging, assembly instructions or installation when this was assigned to it by the contract or was carried out under its responsibility. This guarantee only comes into effect on the condition that you make the request within a period of two years of delivery of the goods. Any defects which appear within six (6) months (period legally increased to twenty-four (24) months from 18 March 2016)
of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
You can choose between the repair and replacement of the Product unless one of these options leads to a manifestly disproportionate cost for UNIQUE GLITTER. If it is not possible to repair or replace the Product, you can be refunded for the price paid and return the Product, or keep the Product and receive a refund for part of the cost, unless the defect is minor.
The return, replacement or refund of the Product will be at no cost to you and does not preclude the possible allocation of damages in the event you are entitled to these.
- Warrantee against latent defects:
The Product provided by UNIQUE GLITTER will be free of any latent defects that may render it unfit for its intended use,
or diminish this use to the extent that you would not have purchased it, or would have paid a lower price if you had known. This warranty will only apply if you make the request within two (2) years of discovering the defect.
In the event of a latent defect, you can choose to return the Product and receive a refund for the price and costs arising from the purchase, or keep the Product and receive a refund for part of the price. In all cases, it is your responsibility to prove that you fulfil the warranty conditions.
In the event of defects and latent defects, Products should be returned to the following address:
UNIQUE GLITTER
Georgenstr. 20
80799 Munich
Germany
13. After-sales service and availability of replacement parts
An after-sales service is provided for any product that is technically repairable. For any repairs, please contact our "Customer Service".
UNIQUE GLITTER cannot guarantee a period of availability for spare parts required for the use of Products. Nevertheless, UNIQUE GLITTER will do its utmost to satisfy its Customers in the event that one or more parts is requested.
14. Limitation of Liability
Under no circumstances may UNIQUE GLITTER be held liable for any damage not resulting from a failure on the part of
UNIQUE GLITTER to comply with one of its obligations.
15. Governing Law - Disputes
These Terms and Conditions of Sale are governed and construed in accordance with German law. However, in accordance with Regulation EC 593/2008 of 17 June 2008, these Terms and Conditions shall not preclude compliance on the part of
UNIQUE GLITTER with a provision that is more favourable to the customer, and which shall apply in full by agreement, under the law where the customer has their habitual residence.
In the event of a dispute related to fulfilment of an order, you may have recourse to a conventional mediation procedure or to any other alternative procedure for settlement of a dispute.
In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:
- you may file a claim either before the courts where you are domiciled, or before the German courts,
- UNIQUE GLITTER may file a claim before the courts where you are domiciled.
General Terms and Conditions of Use
The Uniqueglitter.com website is operated by UNIQUE GLITTER.
UNIQUE GLITTER has its registered office at Georgenstr. 20, 80799 - Munich - Germany
The use of the Uniqueglitter.com website and the purchase of any products offered on the Uniqueglitter.com website are subject to these Terms and Conditions of Use of the Uniqueglitter.com website ("Terms and Conditions of Use").
The use of the Uniqueglitter.com website constitutes your acknowledgment that you have read, understood and accepted without reservation these Terms and Conditions of Use and your consent to the terms of the privacy clauses for the Uniqueglitterr.com website (see "Security and Personal Data").
UNIQUE GLITTER may update these Terms and Conditions of Use and the Privacy Policy at any time. The Terms and Conditions of Use and the Privacy Policy applicable at the time of using the Uniqueglitter.com website are those you are applicable to you.
We advise you to keep regularly informed of the applicable terms and conditions.
1. Security and Personal Data
The Uniqueglitter.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agree to provide to UNIQUE GLITTER on this website. UNIQUE GLITTER may modify or amend its Privacy Policy at any time as provided in the Privacy Policy.
The Uniqueglitter.com website is not intended for use by minors.
2. Intellectual Property
All materials featured on the Uniqueglitter.com website (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of UNIQUE GLITTER. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the Uniqueglitter.com website.
The "UNIQUE GLITTER" trademark, and all other UNIQUE GLITTER related trademarks and logos, whether or not registered, displayed on the Gregpier.com website, as well as the domain name "Gregpier.com", are and will remain the exclusive property of UNIQUE GLITTER. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior and express agreement of UNIQUE GLITTER is prohibited.
You may not remove any copyright (droit d'auteur), trademark or other proprietary notice contained on the Uniqueglitter.com website or any content contained therein. You may make a single copy of web pages published on the Uniqueglitter.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright (droit d'auteur) and other proprietary notices contained therein.
3. Linking
The Uniqueglitter.com website may contain links to third party websites that are not published or controlled by
UNIQUE GLITTER.
Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon.
You may only provide a link to the Uniqueglitter.com website if expressly authorized in writing by UNIQUE GLITTER.
4. Limitation of Liability
UNIQUE GLITTER shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the Uniqueglitter.com website. This limitation of liability shall apply to the fullest extent permitted by law.
5. Disclaimer of Warranty
UNIQUE GLITTER does not warrant or represent that:
- the Uniqueglitter.com website is free from viruses, data overwriting programs, trojan horses or other destructive material;
- the information contained on the Uniqueglitter.com website is accurate, complete or up to date.
The Uniqueglitter.com website may contain technical inaccuracies or other defects and UNIQUE GLITTER does not warrant that such defects will be corrected. The Uniqueglitter.com website and its contents are provided on an "as is" and "as available" basis. UNIQUE GLITTER expressly disclaims all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of the Uniqueglitter.com website or the adequacy of the website for a usual or specific use, its quality or compliance with all statutory provisions. This limitation of liability shall apply to the fullest extent permitted by law.
6. Force majeure
The performance by UNIQUE GLITTER of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the performance of its obligations.
In particular, war, riots, insurgency, social unrest, strikes of all kinds and supply problems of the UNIQUE GLITTER company are considered as such, without this list being restrictive.
UNIQUE GLITTER will inform the customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. Should this suspension continue beyond a period of fifteen (15) days, the customer would then have the possibility of cancelling the order in progress, and his refund would then be made under the conditions set out in article "10. Right of withdrawal - returns, exchanges, refunds ".
7. Governing law and Jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with German law in accordance with Regulation No. EC 593/2008 of 17 June 2008. These Terms and Conditions of Use are drafted in English.
In the event of dispute related to the use of the Website, you have the option of engaging in a conventional mediation process or any other alternative dispute resolution procedure.
In the event of dispute, in accordance with the provisions of Regulation No. EC 44/2001 of 22 December 2000:
- you may file a claim either before the courts where you are domiciled, or before the German courts,
- UNIQUE GLITTER may file a claim before the courts where you are domiciled.
UNIQUE GLITTER reserves the right to seek and obtain injunctions or orders to protect its rights hereunder.