Termini e condizioni di vendita

Last updated: 20 May 2026

This is a translation provided for information purposes only. In the event of any discrepancy in interpretation, the French version shall prevail (see Article 27).

PREAMBLE — IDENTIFICATION OF THE SELLER

The website accessible at www.elegelli.com (hereinafter the "Site") is published and operated by:

• Company name: ELEGELLI
• Legal form: Société par Actions Simplifiée (SAS) — Share capital: €1,000
• Registered office: 66 Avenue des Champs-Élysées, 75008 Paris, France
• RCS: 105 084 735 R.C.S. Paris
• SIREN: 105 084 735
• SIRET: 105 084 735 00015
• APE / NAF code: 2042Z
• General Manager (Directeur Général): Mr. Kylian Hiezely
• Publication Director: Mr. Maxime Goutelard, in his capacity as President
• Email: contact@elegelli.com
• Phone: +33 7 45 23 02 24
• Website host: Shopify International Limited, 2nd Floor Victoria Buildings, 1‑2 Haddington Road, Dublin 4, D04 XN32, Ireland (parent company: Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada)

Responsible Person within the meaning of Regulation (EC) No 1223/2009 on cosmetic products: ELEGELLI S.A.S.

Hereinafter referred to as the "Seller" or "Elegelli".

ARTICLE 1 — DEFINITIONS

In these General Terms and Conditions of Sale ("GTCS"), the following terms shall have the meanings set out below:

• "Customer": any natural person of legal age and legal capacity, or any legal entity, placing an order on the Site.
• "Consumer": a Customer acting for purposes that fall outside their commercial, industrial, craft, professional or agricultural activity, within the meaning of the introductory article of the French Consumer Code.
• "Professional": a Customer acting for purposes that fall within their commercial, industrial, craft, professional or agricultural activity.
• "Product(s)": any cosmetic, skincare product, accessory or item offered for sale on the Site.
• "Order": the operation by which the Customer expresses their intention to purchase one or more Products.
• "Party": the Seller or the Customer, individually or collectively.

ARTICLE 2 — PURPOSE AND SCOPE

2.1 The purpose of these GTCS is to define the rights and obligations of the Parties in connection with the distance sale of Products offered by the Seller on the Site.

2.2 They apply to any Order placed on the Site, to the exclusion of any other terms, in particular those applicable to in-store sales or sales through other channels.

2.3 In the case of an Order placed by a Professional, the GTCS shall apply as a primary matter and shall prevail over any general purchasing terms of the Professional Customer, in accordance with Article L. 441-1 of the French Commercial Code, except with the express, written and signed agreement of the Seller.

2.4 The GTCS may be supplemented by special conditions applicable to certain operations (promotional sales, loyalty programmes, etc.), which shall prevail in the event of any discrepancy.

ARTICLE 3 — ACCEPTANCE AND ENFORCEABILITY OF THE GTCS

3.1 Validation of the Order by the Customer constitutes full, complete and unreserved acceptance of these GTCS as available on the Site at the time of the Order.

3.2 Before validating the Order, the Customer is required to tick the box "I have read and accept the General Terms and Conditions of Sale". Failing this, the Order cannot be validated.

3.3 In accordance with Articles 1366 and 1367 of the French Civil Code, the Customer acknowledges that the electronic storage and reproduction of the GTCS so accepted shall be authoritative between the Parties.

3.4 The applicable GTCS are those in force at the date of validation of the Order. A copy is sent to the Customer as an attachment or via a link in the Order confirmation email.

ARTICLE 4 — ELIGIBILITY CONDITIONS

4.1 To place an Order, the Customer declares and warrants that they:

• are at least 18 years old;
• have full legal capacity to enter into binding agreements;
• act in their own name, under their true identity, and provide accurate, complete and up-to-date information;
• are not subject to any purchase ban on the Site;
• in the case of a professional Order, have the authority to bind the legal entity concerned.

4.2 Minors. Minors may not place an Order without the prior authorisation and supervision of their legal representative, who shall be solely responsible for payment and the consequences of the Order. The Seller declines any liability in the event of an Order placed by a minor without authorisation.

4.3 The Seller reserves the right to request, at any time, any supporting documents (proof of identity, proof of address, proof of bank card, Kbis extract, etc.) in order to verify the information provided. Failing a response within a reasonable period, the Order may be cancelled.

4.4 Any false, inaccurate or misleading information may result in:

• immediate cancellation of the relevant Order without compensation;
• suspension or permanent closure of the Customer account;
• permanent ban from purchasing on the Site;
• possible civil and/or criminal proceedings.

ARTICLE 5 — CUSTOMER ACCOUNT

5.1 Creating an account is optional but facilitates Order tracking.

5.2 The Customer is solely responsible for the confidentiality of their login credentials. Any Order placed from their account is presumed to originate from them.

5.3 The Seller reserves the right to suspend or delete any account in the event of fraudulent or abusive use, or use contrary to the GTCS, without notice or compensation.

ARTICLE 6 — PRODUCTS

6.1 Essential characteristics

6.1.1 The Products offered for sale are described with the essential characteristics required by Articles L. 111-1 and R. 111-1 of the French Consumer Code: composition, content, instructions for use, precautions, price, etc.

6.1.2 Photographs, videos, illustrations and descriptions are provided for information purposes only. Minor differences (shade, screen rendering, finish, seasonal labelling) may exist without engaging the liability of the Seller, provided they do not alter the essential characteristics of the Product.

6.1.3 Ingredient lists (INCI) are updated in good faith. In the event of a formula change by our supplier, the composition shown on the packaging of the delivered Product shall prevail over that displayed on the Site.

6.2 Availability

6.2.1 Product offers are valid as long as they are visible on the Site and subject to available stock.

6.2.2 The Seller reserves the right, at any time and without notice, to:

• modify, suspend or withdraw a Product;
• limit the quantities sold to a single Customer in case of abuse, suspected resale or fraudulent behaviour;
• restrict the availability of a Product to certain geographical areas.

6.2.3 If a Product is unavailable after an Order, the Customer will be informed by email and may opt for: (i) a full refund of the unavailable Product, (ii) replacement with an equivalent Product (subject to their express agreement), or (iii) maintenance of the Order for the available Products. No other compensation may be claimed.

6.3 Specific warnings for cosmetic products

6.3.1 Mandatory reading of the label. The Customer agrees to read the label, the list of ingredients (INCI) and the instructions for each Product before use.

6.3.2 Recommended preliminary skin test. Given the diversity of skin sensitivities, it is strongly recommended to perform a 48-hour test on the inside of the elbow before first application, in order to detect any potential allergic reaction.

6.3.3 Allergies and contraindications. The Customer is solely responsible for verifying the composition with regard to any allergies, intolerances or medical conditions (including pregnancy, breastfeeding, ongoing medical treatment, broken skin, etc.). In case of doubt, the Customer must consult a doctor or pharmacist before using the Product.

6.3.4 Compliant use. Products must be used in accordance with their intended purpose, the instructions on the label and the precautions for use. Any improper, excessive or non-compliant use releases the Seller from any liability.

6.3.5 No therapeutic purpose. The Products are cosmetic products within the meaning of Regulation (EC) No 1223/2009. They are neither medicines nor medical devices and have no therapeutic purpose. They do not replace medical advice, diagnosis or treatment.

6.3.6 Storage. The Customer must store the Products under the conditions indicated on the packaging (temperature, exposure to light, humidity). The Seller cannot be held responsible for any deterioration resulting from improper storage by the Customer.

6.3.7 Period After Opening (PAO). The period after opening indicated on the packaging (PAO symbol) must be strictly respected. Any opening of the Product marks the starting point of this period and results in immediate depreciation within the meaning of Article 11.4.

6.3.8 Adverse effects. In the event of a suspected adverse effect, the Customer must immediately stop use, consult a healthcare professional and inform the Seller at contact@elegelli.com so that a cosmetovigilance declaration may be made to the ANSM if necessary.

ARTICLE 7 — ORDER

7.1 Ordering process

7.1.1 The Customer places an Order by following the steps shown on the Site: selection of Products, validation of the basket, identification, choice of delivery method, choice of payment method, summary verification and final validation.

7.1.2 Before final validation, the Customer has the option of checking the details of their Order, the total price and correcting any errors, in accordance with Article 1127-2 of the French Civil Code.

7.1.3 Final validation, by clicking on the "Order with obligation to pay" button (or equivalent), constitutes irrevocable acceptance of the Order by the Customer.

7.2 Order confirmation

7.2.1 The Order is recorded in the Seller's computer registers, kept on a reliable and durable medium.

7.2.2 An electronic acknowledgement of receipt is sent to the Customer. This acknowledgement does not constitute acceptance of the Order. The Order is definitively formed only upon the Seller's dispatch of the shipping confirmation email.

7.3 Refusal and cancellation of Orders

The Seller reserves the right, at its sole discretion and without justification, to refuse or cancel any Order, in particular in the event of:

• Product unavailability;
• obvious error in price, description or display;
• suspected fraud, identity theft or fraudulent payment;
• failure, refusal or rejection of payment;
• unresolved prior dispute with the Customer;
• non-compliance by the Customer with these GTCS;
• abnormal Order in view of normal use of the Site (volume, frequency, amount);
• suspicion of purchase for unauthorised resale;
• impossibility of delivery to the indicated address.

In case of cancellation, the Seller will fully refund the sums actually debited, to the exclusion of any other compensation.

7.4 Order modification

No modification (address, quantity, Product) can be guaranteed after Order validation. Any request must be sent immediately to contact@elegelli.com and remains subject to the Seller's agreement and to the progress of logistical processing.

ARTICLE 8 — PRICE

8.1 Prices are indicated in euros (€), all taxes included (TTC) for deliveries in France and the European Union, excluding delivery costs and excluding customs duties and local taxes for deliveries outside the EU.

8.2 The applicable price is the one displayed on the Site on the day of Order validation.

8.3 The Seller reserves the right to modify its prices at any time, it being understood that Products will be invoiced on the basis of the rates in force at the time the Order is registered.

8.4 Manifest pricing error. In the event of a manifest pricing error (derisory price, price resulting from a display, input or technical bug error), the Seller reserves the right to cancel the Order, even after confirmation, and to offer the Customer either to maintain the Order at the corrected price or to cancel it with a full refund, without further compensation. The Customer acknowledges that no sale can be validly formed at a manifestly erroneous price.

8.5 Delivery costs, customs duties, import taxes and other potential fees are borne exclusively by the Customer and are indicated before Order validation for delivery costs, or invoiced by the authorities of the destination country for the others.

ARTICLE 9 — PAYMENT

9.1 Terms

9.1.1 Payment is due in cash and in full upon Order validation.

9.1.2 Accepted payment methods are indicated on the Site (in particular Visa and Mastercard bank cards, and any third-party payment solution offered).

9.2 Security

9.2.1 Payments are processed by approved payment service providers (PSPs), compliant with PCI-DSS standards. The Seller has no access to any complete bank data of the Customer.

9.2.2 The Customer warrants that they have the necessary authorisations to use the chosen payment method.

9.3 Default, refusal or rejection of payment

9.3.1 The Order is processed only after effective authorisation by the bank or PSP. In case of refusal or rejection, the Order will be automatically cancelled.

9.3.2 In the event of non-payment, rejection or abusive chargeback after dispatch, the Customer shall be liable, by operation of law and without prior formal notice, for the price of the Order, bank charges and recovery costs, as well as a fixed indemnity for recovery costs of €40 for Professionals (Article L. 441-10 of the French Commercial Code). Late payment interest shall be due at the legal rate increased by 10 points for Consumers and at the ECB interest rate increased by 10 points for Professionals.

9.4 Fraud prevention

9.4.1 The Seller may implement automated fraud detection systems. Any suspicious Order may be suspended, delayed or cancelled. Supporting documents may be requested.

9.4.2 The processing of such data is carried out in compliance with the GDPR (see Article 18).

9.5 Retention of title

In accordance with Articles 2367 et seq. of the French Civil Code, the Products delivered remain the property of the Seller until full payment of the price, in principal, costs and accessories. Failing payment, the Seller may claim the return of the Products, at the Customer's expense.

9.6 Invoicing

An electronic invoice is made available to the Customer in their customer account and/or sent by email. The Customer expressly accepts electronic invoicing.

ARTICLE 10 — DELIVERY

10.1 Delivery zones

The Seller delivers to the zones indicated on the Site, subject to the legal and customs restrictions of the country of destination. Certain Products may be excluded from delivery to certain countries (cosmetics regulations, restricted ingredients, etc.).

10.2 Lead times

10.2.1 Preparation. Orders are prepared from Monday to Friday (excluding public holidays). Orders validated before 2:00 p.m. (Paris time) are generally prepared within 1 to 2 working days. During periods of high demand (sales, holidays, launches), lead times may be extended.

10.2.2 Shipping. Shipping times vary depending on the chosen delivery method and destination. They are indicated to the Customer at the time of Order.

10.2.3 Maximum legal delivery time. In accordance with Article L. 216-1 of the French Consumer Code, in the absence of an agreed date, Products shall be delivered within a maximum of 30 days from the conclusion of the contract. Beyond that, and after a formal notice sent to the Seller having remained unsuccessful within a reasonable time, the Consumer may terminate the contract in accordance with Article L. 216-6 of the French Consumer Code.

10.2.4 The lead times indicated are given for information only. The Seller cannot be held responsible for any delay in shipping attributable to the carrier, to a case of force majeure or to circumstances beyond its control.

10.3 Transfer of title and risk

10.3.1 For Consumers (B2C). In accordance with Article L. 216-5 of the French Consumer Code, the risks of loss or damage to the Products are transferred to the Consumer at the time when the Consumer, or a third party designated by them (other than the carrier proposed by the Seller), takes physical possession of the Products.

10.3.2 For Professionals (B2B). Subject to the retention of title clause (Article 9.5), the risks of loss, theft or damage are transferred to the Professional Customer upon delivery of the Products to the carrier.

10.4 Receipt and damage

10.4.1 The Customer is invited to check the condition of the parcel and its contents in the presence of the carrier.

10.4.2 In the event of apparent damage, missing items or visible non-conformity, the Customer must:

• make precise, dated and signed reservations on the delivery slip;
• refuse the parcel if its condition justifies it;
• confirm these reservations with the carrier by registered letter with acknowledgement of receipt within 3 working days (Article L. 133-3 of the French Commercial Code, for Professional Customers);
• inform the Seller at contact@elegelli.com within 48 hours, attaching photos and evidence.

10.4.3 For Consumers, the absence of reservations does not preclude the implementation of legal warranties.

10.5 Delivery address

10.5.1 The Customer is solely responsible for the accuracy, completeness and precision of the delivery address.

10.5.2 In the event of an incorrect, incomplete or inaccessible address, the costs of redelivery will be charged to the Customer.

10.6 Non-collection, refusal and return to sender

10.6.1 In the event of non-collection of the parcel within the deadlines set by the carrier, unjustified refusal, or impossibility of delivery (incorrect address, recipient absent, etc.), the parcel will be returned to the Seller.

10.6.2 Upon receipt of the return and after inspection of the condition of the Products, the Order will be terminated by operation of law. The Seller will refund the Products, after deduction of:

• the initial delivery costs and the return costs actually borne by the Seller;
• a flat-rate management fee of €10 covering administrative and logistical costs.

10.6.3 Re-shipment is only possible after full payment of the new shipping costs by the Customer, even if the initial delivery was free.

10.7 Customs and import taxes

10.7.1 For deliveries outside the European Union, customs duties, import taxes, local VAT and customs clearance fees are borne exclusively by the Customer and are not included in the price.

10.7.2 The Customer is solely responsible for compliance with local import regulations. The Seller cannot be held responsible for seizures, retentions or destruction carried out by customs authorities.

10.7.3 No refund will be granted for parcels refused or abandoned due to unpaid customs fees.

10.8 Lost parcels

10.8.1 In the event of non-receipt of a duly dispatched parcel, the Customer must inform the Seller within 30 days from the date of dispatch. Beyond this, no claim can be processed.

10.8.2 The Seller will open an investigation with the carrier. For Consumers, in accordance with Article L. 216-5 of the French Consumer Code, the Seller bears the risk of loss until the Consumer takes physical possession of the parcel.

ARTICLE 11 — RIGHT OF WITHDRAWAL (CONSUMERS)

11.1 Principle

11.1.1 In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Consumer has a period of 14 calendar days to exercise their right of withdrawal, without having to give reasons or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

11.1.2 The period runs from the day of receipt of the Product by the Consumer or by a third party designated by them, other than the carrier.

11.2 Exclusions from the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:

• 3° goods that have been unsealed by the Consumer after delivery and which cannot be returned for reasons of hygiene or health protection — applicable to Products bearing a tamper-evident device (film, seal, cellophane, tamper-evident label, etc.) which has been removed or altered;
• 4° goods which, after delivery and by their nature, are inseparably mixed with other items;
• 5° goods made to the Consumer's specifications or clearly personalised (custom-made polishes, engravings, personalisations);
• 6° goods liable to deteriorate or expire rapidly;
• 13° digital content supplied on an intangible medium, the performance of which has begun with the express consent of the Consumer and the express waiver of their right of withdrawal;
• as well as the other cases provided for in Article L. 221-28 of the French Consumer Code.

11.3 How to exercise the right

11.3.1 To exercise their right of withdrawal, the Consumer notifies their decision before the expiry of the 14-day period by an unambiguous declaration:

• using the standard form set out in Annex 1 of these GTCS;
• or by any other means expressing their wish to withdraw, sent to contact@elegelli.com.

11.3.2 The Consumer returns or restitutes the Products to the Seller, without undue delay and at the latest within 14 days following communication of their decision to withdraw.

11.3.3 Direct return costs are borne by the Consumer, in accordance with Article L. 221-23 of the French Consumer Code, the Consumer having been clearly informed before the conclusion of the contract. A tracked and insured shipment is strongly recommended; the Seller cannot be held responsible for the loss or damage of the parcel during its return.

11.3.4 The Products must be returned in their original condition, complete, undamaged, unused, in their original packaging (case, box, instructions, accessories), accompanied by the invoice or proof of purchase.

11.4 Depreciation of cosmetic Products

11.4.1 Principle. In accordance with Article L. 221-23 of the French Consumer Code, the Consumer's liability is engaged in the event of depreciation of the Products resulting from handling other than that strictly necessary to establish their nature, characteristics and proper functioning.

11.4.2 Permitted handling. With regard to cosmetic Products, in particular nail polishes, perfumes, skincare, balms, glosses and make-up products, establishing the nature, characteristics and proper functioning of the Product in no case involves opening it, applying it, testing it on the skin or nail, or removing the Product from its bottle or primary packaging. The Consumer may only examine the Product in its outer packaging, as they could have done in a shop.

11.4.3 Indicators of depreciation for liquid polishes and make-up products. The following constitute, by way of non-exhaustive example, indicators of use or excessive handling resulting in depreciation:

• any trace of polish, product or pigment on the brush, applicator, spatula, tip or neck of the bottle;
• any decrease, even minimal, in the level of Product in the container;
• any trace of a damp brush, dried product, coagulated material or oxidation of the Product;
• any handling of the Product outside its bottle or original packaging;
• any odour of evaporation, modification of texture, viscosity or colour;
• any trace of fingers, water, solvent or any foreign substance on the Product or its container;
• any deformation, soiling, mark or deterioration of the bottle, cap, label or packaging;
• the absence or alteration of the instructions, leaflet, accessories or any element supplied with the Product;
• for Products bearing a tamper-evident device (film, sticker, seal, cellophane), the removal or alteration of this device.

11.4.4 Assessment of depreciation. Where one or more of the indicators referred to in 11.4.3 are present, the Seller will assess the depreciation as follows:

• (a) Product opened, used, applied or tested (presence of brush or product traces, or decrease in level): the depreciation is set at 100% of the Product price, as the Product is unfit for resale for compelling reasons of hygiene and health safety (Regulation (EC) No 1223/2009). No refund will be due in respect of the Product, it being specified that the Consumer retains the right to a refund of the initial standard delivery costs.
• (b) Damaged primary or secondary packaging, soiling, missing accessories without any indication that the Product has been opened: depreciation may be assessed at between 20% and 50% of the Product price, depending on the damage observed.

11.4.5 Procedure. The Seller will carry out an adversarial examination upon receipt of the return, supported by photographs, and will notify the Consumer by email of the assessment retained. The amount corresponding to the depreciation will be deducted from the refund.

11.4.6 Prior information. The Consumer is expressly informed, before the conclusion of the contract, that cosmetic Products are by nature intended for bodily contact and that any opening, handling beyond simple visual inspection of the packaging, or testing of the Product, results in depreciation of up to 100% of the Product price for the aforementioned reasons of hygiene, health safety and impossibility of resale. Validation of the Order constitutes acceptance of this information.

11.5 Refund

11.5.1 In the event of validly exercised withdrawal, the Seller refunds the Consumer all sums paid, including standard delivery costs, no later than 14 days from the date on which it is informed of the decision to withdraw.

11.5.2 The Seller may defer the refund until recovery of the Products or until the Consumer has provided proof of dispatch, the date used being that of the first of these events (Article L. 221-24 of the French Consumer Code).

11.5.3 The refund is made using the same payment method as that used for the Order, unless expressly agreed otherwise by the Consumer. No fees will be charged in this respect.

11.5.4 If the Consumer has expressly chosen a more expensive delivery method than the standard delivery offered, the additional costs will not be refunded.

ARTICLE 12 — LEGAL WARRANTIES

12.1 Mandatory information

The Consumer benefits from the legal warranty of conformity (Articles L. 217-3 to L. 217-17 of the French Consumer Code) and the legal warranty against hidden defects (Articles 1641 to 1649 of the French Civil Code), under the conditions set out below.

12.2 Legal warranty of conformity

12.2.1 The Seller delivers Products that conform to the contract and is liable for any defects in conformity existing at the time of delivery.

12.2.2 The Consumer has a period of 2 years from delivery of the Product to take action.

12.2.3 The Consumer may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-12. Failing compliance within a reasonable time or without major inconvenience, the Consumer may obtain a price reduction or termination of the contract (Articles L. 217-13 to L. 217-15).

12.2.4 The Consumer is exempted from providing proof of the existence of the defect during the 24 months following delivery of the Product.

12.3 Warranty against hidden defects

12.3.1 The Seller is bound by the warranty against hidden defects making the Product unfit for the use for which it is intended, or so reducing this use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them (Article 1641 of the French Civil Code).

12.3.2 The action resulting from redhibitory defects must be brought within 2 years from the discovery of the defect (Article 1648 of the French Civil Code).

12.4 Implementation of warranties

To implement the legal warranties, the Customer must send their request to contact@elegelli.com, accompanied by:

• the invoice or proof of purchase;
• a precise description of the defect;
• photographs of the Product and its packaging;
• the Order number.

12.5 Exclusions

The legal warranties do not cover defects resulting from:

• normal wear and tear;
• use that does not comply with the instructions, the leaflet or the intended purpose of the Product;
• improper storage (temperature, humidity, exposure to light);
• modification, mixing or transformation of the Product by the Customer or a third party;
• force majeure;
• an individual reaction (allergy, intolerance, particular sensitivity) in the absence of a defect of conformity of the Product itself.

12.6 Commercial warranty

The Seller does not grant any commercial warranty in addition to the legal warranties, unless expressly stated otherwise for a given Product.

ARTICLE 13 — CLAIMS

13.1 Any claim must be sent to contact@elegelli.com as soon as possible, specifying the Order number and the nature of the problem.

13.2 The Seller will endeavour to respond within a reasonable time, without this constituting a contractual commitment to a specific deadline.

ARTICLE 14 — MEDIATION AND DISPUTE RESOLUTION

14.1 Consumer mediation

14.1.1 In accordance with Articles L. 611-1 et seq. and R. 612-1 et seq. of the French Consumer Code, the Consumer has the right to free recourse, after a prior written claim to the Seller having remained without a satisfactory response within a period of 2 months, to a consumer mediator with a view to amicable resolution of the dispute.

14.1.2 Designated consumer mediator:

• Name: FEVAD MÉDIATEUR DU E-COMMERCE
• Address: BP 20015 – 75362 Paris Cedex 8
• Website: www.mediateurfevad.fr

14.2 European Online Dispute Resolution (ODR) platform

In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform, accessible at the following address:

https://ec.europa.eu/consumers/odr/

14.3 Conciliation and amicable settlement

Before any contentious recourse, the Parties undertake to seek an amicable solution.

ARTICLE 15 — LIABILITY

15.1 Best-efforts obligation

The Seller is bound, under its contractual obligations, by a best-efforts obligation.

15.2 Limitation of liability — Consumers

15.2.1 The Seller's liability towards a Consumer is engaged under the conditions of common law and the mandatory provisions of the French Consumer Code.

15.2.2 The Seller cannot, however, be held responsible for:

• damages resulting from use of the Products that does not conform to their intended purpose or instructions;
• allergies, intolerances or individual reactions that do not reveal a defect of conformity of the Product;
• damages resulting from force majeure or the act of a third party;
• non-performance or delay in performance attributable to the Customer or a third party not involved in the performance of the contract (in particular independent carriers, administrative authorities, etc.);
• malfunctions or unavailability of the Site due to technical causes beyond its control.

15.3 Limitation of liability — Professionals

15.3.1 For Professional Customers, the Seller's total liability, all causes combined, is expressly limited to the amount excluding tax actually paid by the Customer in respect of the Order at the origin of the damage.

15.3.2 In no event shall the Seller be liable, vis-à-vis a Professional Customer, for indirect or immaterial damages, such as (non-exhaustive list): loss of turnover, loss of profit, loss of clientele, loss of chance, loss of commercial opportunity, loss of image or reputation, loss of data, damage to the brand, commercial damage.

15.3.3 These limitations do not apply in case of fraud, gross negligence or harm to the physical integrity of a person.

15.4 Claim period for Professionals

Without prejudice to the legal warranties applicable to Consumers, any liability action brought by a Professional Customer must be initiated within a period of one (1) year from delivery of the Product, on pain of foreclosure.

ARTICLE 16 — FORCE MAJEURE

16.1 Neither Party shall be held liable for non-performance or delay in performance of any of its obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

16.2 The following are considered cases of force majeure, without this list being exhaustive: natural disasters, exceptional weather, fires, floods, epidemics, pandemics, health crises (including related administrative decisions), wars, terrorist attacks, riots, social movements, general strikes or strikes affecting carriers, blocking of transport routes, generalised shortages of raw materials or energy, failures of electrical or telecommunications networks, cyberattacks, embargoes, international sanctions, decisions of public authorities.

16.3 The affected Party shall inform the other as soon as possible. The obligations shall be suspended for the duration of the force majeure. If the event persists for more than 60 consecutive days, each Party may terminate the contract by operation of law, without compensation.

ARTICLE 17 — INTELLECTUAL PROPERTY

17.1 All elements of the Site (texts, illustrations, photographs, videos, sounds, logos, trademarks, denominations, graphic charter, source code, database, structure of the Site, etc.) constitute works protected by copyright, trademark law and database law.

17.2 All related intellectual property rights are the exclusive property of the Seller or its licensors. The "ELEGELLI" trademark is a registered trademark.

17.3 Any reproduction, representation, modification, publication, transmission, distortion, adaptation, commercial exploitation, in whole or in part, is strictly prohibited without the prior written authorisation of the Seller.

17.4 Any infringement exposes its author to civil and criminal proceedings, in particular under Articles L. 335-2 et seq. and L. 716-9 et seq. of the French Intellectual Property Code.

17.5 User reviews and content. By publishing a review, comment, photo or any other content on the Site, the Customer grants the Seller a non-exclusive, free, transferable, sub-licensable, worldwide licence for the legal duration of rights protection, authorising the Seller to reproduce, represent, adapt and exploit this content on all media for commercial communication purposes.

ARTICLE 18 — PERSONAL DATA

18.1 The Seller processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act No. 78-17 of 6 January 1978 as amended.

18.2 The terms of processing (purposes, legal bases, retention periods, recipients, Customer's rights) are detailed in the Privacy Policy, accessible at https://elegelli.com/policies/privacy-policy.

18.3 The Customer has the rights of access, rectification, erasure, opposition, limitation, portability and the right to define post-mortem directives. These rights are exercised at contact@elegelli.com, accompanied by any necessary supporting documents.

18.4 In the event of an unresolved dispute, the Customer may lodge a complaint with the CNIL (3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 — www.cnil.fr).

ARTICLE 19 — COOKIES

The use of cookies and other trackers is governed by our Cookie Policy, accessible at https://elegelli.com/policies/privacy-policy. The Customer can set their preferences at any time from the cookie banner on the Site.

ARTICLE 20 — PROHIBITION OF UNAUTHORISED RESALE

20.1 The Products are sold for personal use or for the Professional Customer's own needs. Any unauthorised resale, redistribution or commercial exploitation of the Products is strictly prohibited.

20.2 The Seller reserves the right to refuse or cancel any Order whose characteristics (volume, frequency, addresses) suggest a purpose of unauthorised resale.

ARTICLE 21 — EVIDENCE AGREEMENT

21.1 The Parties agree that the computer records kept in the Seller's systems (connection logs, Order journals, emails, etc.) shall be authoritative between the Parties, unless proven otherwise, in accordance with Article 1366 of the French Civil Code.

21.2 Communications by email are deemed validly received on the date of dispatch, unless proven otherwise.

ARTICLE 22 — ASSIGNMENT

22.1 The Seller reserves the right to assign all or part of these GTCS and ongoing contracts to a third party (in particular in the event of a transfer of business, merger, restructuring), without the prior agreement of the Customer. The Customer will be informed thereof.

22.2 The Customer may not assign or transfer their rights and obligations without the prior written consent of the Seller.

ARTICLE 23 — TOLERANCE — WAIVER

The fact that the Seller does not, at a given time, avail itself of a stipulation of these GTCS shall not be construed as a waiver of the right to avail itself of it later.

ARTICLE 24 — PARTIAL INVALIDITY

If any of the stipulations of these GTCS is declared null, illegal or unenforceable by a court decision, the other stipulations shall retain their full force and effect. The Parties shall endeavour, where appropriate, to replace the invalid clause with a valid clause producing an equivalent economic effect.

ARTICLE 25 — ENTIRE AGREEMENT

These GTCS, together with the Legal Notice, the Privacy Policy, the Cookie Policy and the Delivery and Returns Policy, constitute the entire agreement between the Customer and the Seller regarding their subject matter, and supersede any prior oral or written agreement on the same subject.

ARTICLE 26 — MODIFICATION OF THE GTCS

26.1 The Seller reserves the right to modify these GTCS at any time.

26.2 The GTCS applicable to a given Order are those in force at the date of validation of that Order. Subsequent modifications have no retroactive effect on Orders already validated.

26.3 The Customer is invited to regularly consult the GTCS published on the Site.

ARTICLE 27 — LANGUAGE

These GTCS are drafted in French. Any translation is provided for information purposes only. In the event of any discrepancy in interpretation, the French version shall prevail.

ARTICLE 28 — APPLICABLE LAW AND JURISDICTION

28.1 Applicable law

These GTCS and any contractual relationship arising therefrom are governed by French law, without prejudice to the more protective mandatory provisions applicable to the Consumer under the law of their habitual residence (Article 6 of the Rome I Regulation).

28.2 Jurisdiction — Consumers

In the event of a dispute with a Consumer, and after failure of an attempt at amicable resolution and mediation, the courts designated by the rules of common law shall have jurisdiction (in particular Articles R. 631-3 of the French Consumer Code and 46 of the French Code of Civil Procedure, allowing the Consumer to seise the court of the place where they resided at the time of conclusion of the contract or of the occurrence of the harmful event).

28.3 Jurisdiction — Professionals

For Professional Customers and notwithstanding any clause to the contrary, any dispute relating to the formation, interpretation, performance or termination of these GTCS or the Orders arising therefrom shall fall within the exclusive jurisdiction of the Commercial Court of Paris, including in case of multiple defendants, third-party claims or summary proceedings.

ARTICLE 29 — ADDITIONAL LEGAL INFORMATION

29.1 Cosmetovigilance

In the event of a serious adverse effect related to the use of a Product, the Customer is invited to contact the Seller (contact@elegelli.com) so that the declaration may be made to the French National Agency for Medicines and Health Products Safety (ANSM) in accordance with Articles L. 5131-9 and R. 5131-6 of the French Public Health Code.

29.2 DGCCRF

The Customer may report to the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) any breach of consumer protection rules via the SignalConso platform (signal.conso.gouv.fr).

End of the General Terms and Conditions of Sale.