Terms and conditions of use

ARTICLE 1 – DEFINITIONS

CGU: refers to these general terms and conditions of use of the Site.

Account: designates the personal space that the User can create on the Site, in particular to access the Products ordering service, and associated with a login and password.

Sales Order: shall designate any order placed by the User on the Site for Products.

Personal data: personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to Maison Brava.

Maison Brava: société par actions simplifiée (simplified joint-stock company) with capital of 2,000 euros, registered with the RCS of Lyon under number 932108822, head office located at 254 rue vendôme, 69003 Lyon. E-mail address: hello@maisonbrava.com

Products : refers to all cosmetic products and their accessories offered for sale by Maison Brava on its Site under the MAISON BRAVA brand.

Services: refers to the various functions and services offered on the Site and defined in Article 3.

Site : refers to the Maison Brava website accessible at the following url address: www.maisonbrava.com

User: any natural person of legal age benefiting from the Services and not acting in a professional capacity.

ARTICLE 2 – PURPOSE

The purpose of these GCU is to define and govern the rights and obligations of the Parties with respect to the use of the Site by the User.

By using the Site, the User accepts these GCU. They are applicable throughout the User’s use of the Site and Services.

The GCU are not intended to govern the conditions of order and sale of Products described in Maison Brava’s General Terms and Conditions of Sale (hereinafter the ” GCS “), available here. Any business relationship between the User and Maison Brava is governed by the GCS.

The version of the GCU currently online on the Site is the only one applicable and enforceable against the User until a new version replaces it. Maison Brava reserves the right to modify these GCU at any time, and they will come into force as soon as they are published on the Site.

No tolerance in the application of the provisions of the GCU may be interpreted as a waiver by Maison Brava of its right to invoke them at a later date.

If any provision of this agreement is or becomes invalid under any present or future law, it shall be deemed unwritten without affecting the validity of the remaining provisions hereof.

ARTICLE 3 – DESCRIPTION OF SERVICES

The purpose of the Site is to enable the User to place an Order for Products as part of the online sale of Products on the Site and to enable the User to benefit in particular from the following Services:

• Receive the newsletter by entering your e-mail address,
• Create an account,
• Perform a skin diagnosis to select the most appropriate oils,
• Consult articles related to beauty and well-being,
• Fill in a contact form,
• Apply to recruitment ads when an ad is published by Maison Brava.

The User is informed that the aforementioned Services are subject to constant evolution by Maison Brava.

ARTICLE 4 – ACCESS TO SERVICES

Browsing and ordering Products on the Site is accessible to all Users subject to compliance with the Site’s GTCU and GTCS.

ARTICLE 5 – DESCRIPTION OF SERVICES

5.1. Product orders

The Site enables the User to place an Order for Products in accordance with the conditions set out in the GTC.

ARTICLE 6 – HYPERTEXT LINKS

The Site may contain hypertext links to other Internet sites. Maison Brava has not verified all the websites that may be linked to its own and cannot be held responsible for the content of third-party websites from or to which links are made. Each User therefore accesses the content of these third-party sites at his or her own risk.

The inclusion of such links does not imply that Maison Brava endorses or accepts any responsibility for the content or use of such other websites. Maison Brava cannot be held responsible for the erroneous or inaccurate, defamatory, injurious, slanderous, misleading, obscene, pornographic or blasphemous content of any of these third-party sites.

ARTICLE 7 – USE OF THE SITE

When browsing and using the Site, the User undertakes to :

• immediately notify Maison Brava of any malfunction of the Site;
• use the Site and its contents in accordance with public order and morality, and in a manner that is not abusive or illicit;
• not to use the Site and/or its contents for any purpose other than private and exclusively personal use;
• not to use means that would have the effect of limiting the peaceful use of the Site by a third party;
• not to use the Site to threaten, harass, stalk, abuse and generally infringe in any way whatsoever the rights of Maison Brava or third parties;
• not to intercept or attempt to intercept personal data belonging to third parties;
• not falsely represent themselves as an employee, agent or servant of Maison Brava ;
• not to market all or part of the Services offered by Maison Brava ;
• not to deactivate, alter, disassemble, decompile or reverse engineer the Site.

ARTICLE 8 – SITE MANAGEMENT

For the proper management of the Site, Maison Brava may at any time :

• suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Users;
• delete any information that could disrupt its operation or contravene national or international laws;
• suspend the Site in order to carry out updates.

ARTICLE 9 – LIABILITY

Maison Brava undertakes to use its best efforts to ensure the availability of the Services offered on the Site.

However, it cannot be held liable:

• when the Site proves to be incompatible or malfunctions with certain software, configurations, operating systems or the User’s equipment;
• in the event of a power cut ;
• in the event of a non-response or partial response from the User to requests for information from the Site;
• in the event that the User provides erroneous or false information in response to requests from the Site.

The User declares that he/she is fully aware of the hazards of the Internet, its characteristics and limitations, and acknowledges and is aware of the following in particular:

• the possibility of suspension or impossibility of access to the Site;
• data transmission over the Internet is relatively unreliable, and may be subject to saturation at certain times of the day;
• that data circulating on the Internet is not protected against possible misappropriation;
• that the Site may be subject to intrusion by unauthorized third parties and to attacks of any kind whatsoever.

Maison Brava cannot be held responsible for this.

The equipment used by the User to connect to the Site is under the User’s sole responsibility.

The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet.

Maison Brava shall bear the consequences of any damage directly attributable to it in the performance of the present contract under the conditions of common law. However, Maison Brava cannot be held liable in the event of an act of the User or in the event of force majeure, as defined by article 1218 of the French Civil Code and by the case law of the French courts.

ARTICLE 10 – INTELLECTUAL PROPERTY

Nothing contained herein, nor the availability of the Site, shall be construed as implying any transfer of Maison Brava’s intellectual property rights to the User.

All technologies, information, data, documents, articles, know-how and/or formulas communicated by Maison Brava to the User in connection with the provision of the Site, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Maison Brava. Only a personal, non-exclusive, non-assignable and non-transferable right to use the Site is granted to the User.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of Maison Brava’s intellectual property without its prior written consent, is strictly prohibited.

ARTICLE 11 – PROTECTION OF PERSONAL DATA

Maison Brava undertakes to comply with the provisions arising from the General Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2019 on the Protection of Personal Data (hereinafter ” RGPD “), to make all declarations and obtain the consents and authorizations necessary for the collection and processing of personal data and to respect and ensure that its employees respect the confidentiality and security of the Personal Data that may be collected and processed by them in connection with the performance hereof.

In the context of using the Site and carrying out the Services offered by Maison Brava, Maison Brava is required to collect and process the User’s Personal Data, in compliance with the RGPD.

Maison Brava uses the Personal Data thus collected for the purposes of providing the Services to Users, improving the functionalities of the Site or maintaining it in a secure environment, in accordance with Maison Brava’s Privacy Policy.

ARTICLE 12 – COMPLAINTS – TECHNICAL ASSISTANCE

For any information or complaint relating to the operation of the Site, customers are invited to send their questions or complaints to the following e-mail address: hello@maisonbrava.com.

ARTICLE 13 – APPLICABLE LAW – JURISDICTION

The relationship between the Parties under these GCU is subject to French law.

In the event of any dispute arising between the Parties in connection with the aforementioned relationship, in particular as regards the validity, interpretation or performance of these GCU, the Parties shall attempt in good faith to reach an amicable settlement.

The User may send his complaints by post to Maison Brava, stating the difficulties or shortcomings observed, to the following postal address: 254 rue Vendôme, 69003 Lyon and/or to the following e-mail address hello@maisonbrava.com.

In the event of a response deemed unsatisfactory by the Customer, or in the absence of a response within fifteen (15) days of receipt of the complaint, the Customer may request the services of the mediator free of charge by completing the form provided for this purpose on the website https://www.mediationconso-ame.com/[address of the website of the chosen consumer mediator] or by post addressed to the Association Des Médiateurs Européens, 197 boulevard Saint-Germain 75007 Paris.

The User must specify the purpose of his request and attach the documents on which it is based.

Upon receipt, the mediator will notify the Parties of the referral by e-mail or regular mail.

Within the framework of this mediation, the User may be assisted by any person of his choice or be represented by a lawyer at his own expense.

Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs will be shared equally between Maison Brava and the User.

The mediation shall be concluded within ninety (90) days from the date of notification by the mediator of his referral. The Parties are free to accept or refuse the mediator’s proposal.

In any case, recourse to mediation is not compulsory. On the other hand, if the User wishes to request the services of the mediator, he must first address his complaint to Maison Brava.

If the User does not wish to refer the matter to the mediator, or if one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties may refer the matter to the competent court.