Terms and Conditions of Sale
Terms and Conditions of Sale
1. Purpose and scope
These terms and conditions of sale (the “Terms”) govern all sales concluded on www.gellyni.com between Lilia Gellyni EI (the “Seller”) and any consumer making a purchase (the “Customer”). They apply to the exclusion of all other terms. By ticking the box provided before placing an order, the Customer confirms having read and accepted them. The Terms applicable are those in force on the date the order is placed.
2. Products
We sell semi-cured gel nail stickers, designed to be cured under a UV/LED lamp, together with related accessories where applicable (UV/LED lamp, files, cuticle sticks, decorative stickers, removal oil).
The essential characteristics of each product (composition, number of strips, sizes, curing time, indicative wear time) are shown on the relevant product page. Photographs are as faithful as possible but slight colour variation due to screen display cannot be guaranteed.
Products comply with European cosmetics legislation (Regulation (EC) No 1223/2009). They are for external use only and are intended for adults, or for minors under adult supervision, notably because of the use of a UV/LED lamp.
3. Orders
The Customer selects the products, checks the basket, enters their details and delivery address, chooses a delivery and payment method, then confirms the order. Confirming the order constitutes acceptance of the prices, descriptions and these Terms, and creates an obligation to pay within the meaning of Article L.221-14 of the French Consumer Code.
The sale is concluded when the Seller sends the order confirmation email. The Seller may refuse or cancel any order that appears abnormal or fraudulent, or that comes from a Customer with an unresolved payment dispute.
4. Prices
Prices are shown in euros, inclusive of all taxes, excluding delivery. A flat delivery charge of €3.90 applies to every order and is shown before final confirmation. Prices may change at any time, but products are invoiced at the rate in force when the order is registered.
5. Payment
Payment is due in full when the order is placed, by credit or debit card and by any other method displayed at checkout.
Payment data is transmitted in encrypted form and is never stored by the Seller. If payment authorisation is refused, the order is automatically cancelled. The Seller retains ownership of the products until full payment of the price.
6. Delivery
Delivery terms and times are set out in the Shipping Policy, which forms an integral part of these Terms. Delivery takes place no later than 30 days after conclusion of the contract. Risk passes on physical delivery to the Customer.
7. Right of withdrawal
The Customer has 14 days from receipt of the product to withdraw, without giving reasons or incurring penalties.
Important exception (Article L.221-28, 4° of the French Consumer Code): the right of withdrawal cannot be exercised for goods unsealed by the Customer after delivery which cannot be returned for reasons of hygiene or health protection. As semi-cured gel nail stickers are single-use cosmetic products in direct contact with the nail and skin, any opened or unsealed pouch or blister pack cannot be returned or exchanged.
The right of withdrawal applies fully to products returned in their original, sealed and intact packaging, and to unopened accessories. Practical details are set out in the Returns and Refunds page.
8. Legal guarantees
Independently of any commercial guarantee, the Seller remains bound by the legal guarantee of conformity (Articles L.217-3 to L.217-20 of the French Consumer Code, 2 years from delivery, with the defect presumed to exist for the first 24 months) and by the guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code, 2 years from discovery of the defect). The cost of returning a non-conforming or defective product is borne by the Seller.
Damage resulting from use that does not follow the stated precautions (insufficient curing, peeling off the strips, exposure to solvents) is excluded.
9. Liability
The Seller cannot be held liable for non-performance caused by force majeure, an unforeseeable act of a third party, or the Customer’s own fault, in particular use that does not follow the instructions on the packaging and on the website. Stated wear time is indicative and depends on nail preparation, respect of curing time and the Customer’s daily activities.
10. Personal data
Processing of personal data is described in the Privacy Policy.
11. Governing law and disputes
These Terms are governed by French law. In the event of a dispute, the Customer should first contact the Seller to seek an amicable solution. Failing agreement, the Customer may refer the matter free of charge to our consumer mediator, CM2C — 49 Rue de Ponthieu, 75008 Paris, www.cm2c.net — or bring the matter before the competent court under the French Code of Civil Procedure.