ONLINE GENERAL TERMS AND CONDITIONS OF SALE
updated on November 21, 2020
Preamble – Company
IEVA, a simplified joint-stock company with a capital of € 74,937, registered with the Trade and Companies Register of Paris under number 820 930 576, SIRET (identification number for French Companies): 820 930 576 000 13, and whose registered address is IEVA, 91 RUE DU FAUBOURG SAINT HONORE 75008 PARIS, operates the website IEVA available at: www.ieva.io (hereinafter “the Site”) and the application available on the App Store or Google Play.
Contact number: +33 809 400 173
Contact email address: firstname.lastname@example.org
Address: IEVA, 9 Allée Irène Joliot-Curie, 69800 Saint-Priest – France
Our offers are exclusively reserved for individuals, for use without resale, for delivery in mainland France (excluding the Overseas Departments and Territories), including Corsica, the Principality of Monaco, European countries, China, Russia, North Africa, and North America.
An individual is a natural person who is acting for purposes which are outside the scope of his trade, craft, business, or profession. Any resale of products purchased through the Site is strictly prohibited.
Only natural persons, who are legally capable of entering into contracts of sale for products offered by IEVA, may place an order. To this end, you declare to the IEVA company that you have agreed to the General Terms and Conditions of Online Sale and, so that the sale can be completed, that you are of legal age and are not under the supervision or legal guardianship when placing your Order.
These General Terms and Conditions of Sale are intended to establish the sales procedures for products and services on the Site.
These General Terms and Conditions of Sale are available online at the main address of the Site or in the Application, and are downloadable, printable, and prevail over any other reproduction medium.
IEVA reserves the right to modify these General Terms and Conditions of Online Sale by publishing a new edition, which will apply to all orders placed after its first uploading on the Site or in the Application.
The Site: refers to the website www.ieva.io.
The Application : refers to the IEVA application published by the IEVA company and installed on the initiative of the client on a cellphone or a tablet.
The Client : refers to any natural or legal person, of legal age and capacity, who wishes to register on his own initiative in order to benefit from the IEVA Services and who will fulfill these IEVA General Terms and Conditions of Sale.
Personal Data : refers to any information relating to a natural person.
The Subscription : refers to the contract proposed by IEVA involving the use of the Application in order to be delivered each month a set consisting of a haircare treatment and two skincare products in return for paying a monthly fixed sum.
The Set : refers to the box the Client receives monthly as part of a Subscription, which contains products delivered by IEVA.
1. THE SUBSCRIPTION
The Subscription consists in delivering a monthly Set containing beauty products, distributed by IEVA to the Clients. Each set will be made up of three products with the following composition: a haircare and two skincare treatments. All these treatments are available for sale and are in no case samples or single-dose products.
The Subscription consists in delivering a beauty Set every month once the Subscription has been activated via the Application. When Ordering a Subscription on the Site, the amount of the first flat-rate installment for the Subscription relating to the first Set shall be paid directly by the Client. As a result, the following monthly direct debit, which corresponds to the flat-rate amount paid in exchange for the delivery of the second Set, shall take place one month after having activated the Subscription via the Application.
For instance, if the Client purchases a Subscription on June 27, the fixed amount corresponding to the first Set shall be debited on that date. If the Client activates the Subscription on July 12, the delivery of the first Set shall commence from that date. The second monthly installment for the Subscription, relating to the second Set, shall then be debited one calendar month later, i.e., on August 12. All subsequent installments shall be debited on the 12th of each following calendar month.
The composition of these Sets shall be done via the Application according to IEVA’s recommendations and the Client’s needs and desires. Only the composition of the first three Sets is totally or partially imposed by IEVA to provide the Client with the basic elements of a beauty routine adapted to their needs. These products are selected by IEVA according to the beauty diagnosis made by the Client via the Application and according to the use of the Application by the Client:
- Month 1. The three products of the Set are imposed by IEVA
- Month 2. Two products of the Set are imposed by IEVA. The Client may complete the Set by adding a product of their choice, complying with the rules set out in Section 1.2.
- Month 3. One product is imposed by IEVA. The Client may complete the Set by adding two products of their choice, complying with the rules set out in Section 1.2.
In the following months, the Client may freely select the three products of their Set according to the rules set out in Section 1.2 or let IEVA create their Set according to their needs.
The Subscription is only available for mainland France.
1.2 Composition rules of the Set
Each Set shall consist of three products with the following composition: one haircare and two skincare products. Except for the first three Sets delivered as part of the Subscription, as indicated in Section 1.1, the composition of a Set is defined by the Client according to the following rules:
- a haircare product ;
- a skincare product such as a face or eye make-up remover, cleanser, tonic, scrub, day or night mask, sunscreen, or anti-pollution product;
- a skincare product such as a lotion, serum, day cream, night cream, day and night cream, eye contour treatment, lip contour treatment, or neck and décolleté treatment.
The Client selects these products via the Application. Depending on the results of the skin and hair diagnosis and the Client’s environment, IEVA recommends specific products for each step of the beauty routine. The Client may follow these recommendations or freely select the products to be included in the Set.
The content of the Set to be delivered may be modified by the Client via the Application until the date on which the amount corresponding to the Subscription is debited.
If the Client does not complete the Set within the expected time frame, they authorize IEVA to create or complete the Set according to the results of the skin and hair diagnosis, the Client’s environment, and the products previously sent to them. IEVA cannot be held liable in any way if the composition of the Set does not meet the Client’s expectations and/or needs.
In order to offer the Client a made-to-measure Set, thanks to personalized recommendations, IEVA asks the Client to make a cutaneous and capillary diagnosis. The Client expressly acknowledges and accepts that IEVA does not verify any of the information provided. Therefore, the Client shall bear all the consequences in case of inaccurate information, and IEVA cannot be held liable in any way for such errors.
1.3 The brands
The composition of the Sets shall be made from a selection of IEVA’s partner brands. The availability of such or such item shall depend on the type of subscription chosen by the Client. IEVA reserves the right to modify the available items shown on the Site and in the Application without notice.
IEVA’s partner brands for subscriptions are:
- Elénature: Through research and development, Elénature has created a range of all-natural, Made in France haircare products, which fight against hair aging and environmental stress. Each treatment is designed to meet a specific hair need: repairing the hair, protecting it from pollution, making it easier to style, preserving its shine, or making its color last longer.
- – IOMA: IOMA is France’s No. 1 brand in personalized cosmetics, due to its care products created and formulated for each skin type. Thanks to its database of more than 1 million skin diagnoses, IOMA develops all types of care products for all skin types. A cosmetic brand that combines technology and dermatology for the benefit of all skin types.
- Made with Care: M/C – Made with Care develops treatments adapted to our environment, such as anti-pollution, anti-blue light, and anti-fatigue products. M/C, the heir to French cosmetological expertise, ensures total transparency in the composition of its products, with well-thought-out and simple formulas for greater performance.
1.4 Subscription types
IEVA offers three types of subscriptions:
- MonMoiBeauté Unique. This Subscription makes it possible to create the Sets among all IEVA’s partner brands presented in Section 1.3, except for the following items: Ma Crème Day 50ml by IOMA, Ma Crème Night 50ml by IOMA, and the Youth Booster with hydration sensor by IOMA. When sending the first Set, the Client will also receive a Twin.C Le Compagnon jewel for Him or a Twin.C Le Compagnon jewel for Her according to their choice when placing the Subscription Order.
- MonMoiBeauté Expert. This Subscription makes it possible to create the Sets among all IEVA’s partner brands presented in Section 1.3, except for the following items: Ma Crème Day 50ml by IOMA, Ma Crème Night 50ml by IOMA, the Youth Booster with or without hydration sensor by IOMA, the Rich Revitalizing Cream by IOMA and the White Revelation range by IOMA. When sending the first Set, the Client will also receive a Twin.C To Go jewel.
- MonMoiBeauté Essentiel. This Subscription makes it possible to create the Sets among IEVA’s partner brands, Elénature and M/C, presented in Section 1.3.
These Subscriptions are permanent. In light of this, the Client will receive one Set per calendar month until the cancellation of the Subscription.
In this respect, the Client is entitled to a unilateral right of termination, which they may exercise upon prior notice of 14 (fourteen) days, under the conditions set out in Section 1.5 hereinafter. The payment of the monthly and flat rate installments for the Subscription shall be made every calendar month by debiting the credit card linked to the Client’s personal account, whose details were provided when the Order was placed.
1.5 Term and Termination of the Subscription
The Client may cancel the monthly Subscription at any time, as it is a subscription without any commitment of duration, upon notice of fourteen (14) days, by emailing IEVA at email@example.com.
The cancellation request will be effective the following month. This means that the amount for the Subscription of the month in which the cancellation is made will be debited. For example, if the Client cancels the Subscription on August 15, and the activation date of the Subscription via the Application corresponds to June 23, the amount of August 23 will be debited, the related Set will be delivered, and then the Subscription will end.
If a Client, who benefits from a Subscription at a lower price due to their seniority or to a price change made by IEVA, cancels the Subscription, they will lose this privilege and will have to pay the current price if they wish to re-subscribe.
1.5 Suppression of the Subscription
The Client agrees that IEVA reserves the right to suspend or even cancel the Subscription ordered by the Client in case of nonpayment of a scheduled installment or payment default notified to IEVA. Furthermore, the delivery of any new Set may be suspended in case of late payment or payment default of the previous Subscription installment. Once the situation is resolved by the Client, the Subscription resumes its regular operation.
1.7 Delivery of Sets
The Sets shall be delivered to the address provided by the Client during the activation of the Subscription in the Application. The Client may change the delivery address of the Sets directly in the Application. This change will immediately take effect on the Set being composed.
If the delivery address is wrong, IEVA cannot be held liable in case of failure or difficulty in delivering the Set to the Client.
The delivery service used by IEVA for the sets is So Colissimo. The standard delivery time is 3 to 5 business days. See Section 4.2.
2.1 Placing the Order
Orders can be placed
2.2 Confirming the Order
The Order means that you agree to the price, the characteristics of the Products listed on the Site or in the Application, as well as the delivery terms and conditions of the Products, bearing in mind that the Products are offered for sale subject to stock availability.
Before confirming your Order, you will be asked to declare that you have read the following provisions and expressly accept the terms thereof. To finalize your order, you will be prompted to click the “Confirm my order” button which will direct you to the secure online payment page. By clicking on “Submit”, you agree to the entire order. (This action confirms the entire Order).
Once the order has been received, we will confirm the acceptance of your Order and the dispatch of your products as soon as possible, by e-mail. Information on Product availability is provided when placing the Order. Errors or modifications may exceptionally occur, particularly in peak periods such as Easter, Mother’s Day, Christmas, etc. In the event of unavailability of a Product after placing your order, we will notify you by email, as soon as possible, in which case your refund will be made within no later than 14 days following the cancellation of the Order.
2.3 Orders via the Site or the Application
You may create a personal account when placing your first order. To do this, you will be prompted for a username and personal password, as well as the personal data necessary for placing your Order, including your identity, your address, your shipping address if different, your phone number, and the payment method to fulfill the Order.
As Orders are only payable by credit card, you will need to provide the details of your card and enter the information thereon necessary to complete your Order, namely: its number, its expiry date, and the security code on the back of your bank card.
The username and personal password are proof of your identity and you commit to any Order placed through them, subject to the exercise of your right of withdrawal as defined in Section 5 of these General Terms and Conditions of Sale. They serve as an electronic signature. Your username and personal password are your responsibility, and you alone will bear the consequences that could result from any use by third parties who would have become aware of it, unless this knowledge is the result of a direct fault on the part of IEVA.
If you forget your ID and your personal password, or fear that a third party might have got hold of them, both the Site and the Application have a function showing you how to recover your username and choose a new password at any time.
Using your username and your personal password, you can later access the Site at any time to place your Orders.
It is your responsibility to pay particular attention to the information provided, as well as the Products in your Order before confirming it. The Order processing system allows you to go back on your Order to change or correct any error before confirming it. IEVA cannot be held liable for any mistake on your part when placing your Order.
2.4 Refusal of the order at the behest of IEVA
In accordance with the provisions of Article L.122-1 of the French Consumer Code, IEVA is entitled to refuse any order or to require payment in advance for legitimate reasons, particularly including:
- arrears or insolvency,
- predictable problems affecting the delivery of Products,
- the inability to provide evidence of your legal capacity to purchase or your status as an individual,
- or an Order placed in bad faith, particularly if IEVA finds that you are trading in the Products thus purchased.
3. PRICE AND PAYMENT
The prices applied are those in effect on the day it is confirmed that the Order has been validated.
Prices are in Euros, all taxes included, unless otherwise stated on the Site or in the Application and excluding delivery costs of the Products, as indicated in Section 4.1 of these General Terms and Conditions of Online Sale.
Promotional offers and the prices that are offered are valid as long as they are visible on the Site or in the Application, subject to availability. We accept no liability in the case of a stock shortage or unavailability of the Products.
IEVA reserves the right to change prices of the Products listed on the Site and in the Application, without notice.
3.2 Payment of the Order
The payment of the Order shall be made by credit card (Carte Bleue, Master Card, Visa Card, American Express) and PayPal, and you will be charged when your order is confirmed. Cards issued by banks outside France must be international bank cards accepted in France.
IEVA retains the ownership of the Products delivered until full payment of the invoices and reserves the right to suspend the delivery in the event of late payment, and this until complete regularization of the debit account.
In case of late payment problems concerning your bank account, and specified at the time of placing your Order, the amounts due will bear three (3) times the legal interest rate without any formal notice being required.
4. SHIPPING – DEADLINES
4.1 Shipping costs
The applicable shipping costs are those in effect on the day it is confirmed that the Order has been validated. However, shipping costs, beyond the control of IEVA, are accordingly subject to change at any time without the responsibility of IEVA being sought.
Shipping costs for orders less than €60 will be charged and are indicated when validating the Order. So Colissimo shipping costs are free for any order above €60 and any set included in the Subscription service. (Section 1)
4.2 Delivery conditions and deadlines
For all products, deliveries will be made by Colissimo within 3 to 5 business days for mainland France, from receipt of the order confirmation email. Delivery time may vary depending on the country. 2 Colissimo delivery methods may be available:
- So Colissimo Mon Domicile: to the address of your choice. If you are absent or unable to take delivery, the package will be delivered to the nearest post office, after leaving a calling card.
- So Colissimo Mon Commerçant: delivery to one of the 7,000 pick-up points on French territory according to your choice.
Delivery deadlines shall be automatically suspended by any event beyond the control of IEVA and resulting in late delivery.
Moreover, IEVA disclaims all responsibility and compensation claims in case of delay due to any false or incorrect information you may have given at the time of the Order.
4.3 Checking products
It is your responsibility to check the number and condition of Products upon receipt.
- make any usual provisos with the carrier directly on the carrier’s delivery slip, but also, no later than 3 (three) days after receipt of Products, by registered mail;
- notify us within 14 (fourteen) days of delivery by registered mail at the following address: IEVA ‘SERVICE CLIENTS’ 9, Allée Irène Joliot-Curie 69800 Saint-Priest France, keeping the invoice, the delivery slip signed, and your provisos.
5. RIGHT OF RETURN (WITHDRAWAL)
You have a period of fourteen (14) calendar days from the receipt of the Order to withdraw from it if the Products do not suit you, without necessarily specifying a reason.
To exercise your right of withdrawal, simply return the withdrawal form available on the Site duly completed and signed to the following address: IEVA – SERVICE CLIENTS – 9 Allée Irène Joliot-Curie 69800 Saint-Priest France.
In accordance with the provisions of Article L.121-21-3 of the French Consumer Code, it is your responsibility to return the Product no later than 14 (fourteen) days after having communicated your decision to withdraw.
We will fully refund the treatment(s) purchased that have been returned to us provided that the products have not been opened, the protective film and cellophane packaging have not been removed or damaged, and the products have not been used.
Please note that the personalized care products MA CRÈME Day and Night, Mon Sérum by IOMA cannot be returned.
The IEVA quality department responsible for the inspection of the returned products goes on the state of the product after the return package has been unpacked. Therefore, we recommend you use robust packaging to avoid any damage to the product during transport; ideally use the original packaging. The invoice corresponding to this purchase shall be returned and included in the package.
We also ask you to retain evidence of the sending of the packages containing the returned Products, failing which IEVA regrets that, in the absence of proof of delivery, it cannot reimburse any package it does not receive.
Subject to the foregoing, IEVA will reimburse you by bank transfer into the bank account used when the Order was placed. IEVA will reimburse the price of returned products and shipping costs at the time of the Order, if they have already been paid, within 14 (fourteen days) from the receipt and check of the returned Products by IEVA. Any return shipping costs will be paid by IEVA only if the product reimbursement is granted. Otherwise, any return shipping costs will be at your expense.
6. WARRANTY – LIABILITY
All events of any kind, beyond the control of IEVA, such as acts of God, force majeure, accident, strike, administrative decision, stopping of transport services delaying or preventing the delivery is by express agreement, a cause for suspension or termination of IEVA’s obligations at its will, without any compensation for the Client.
IEVA will notify you by any appropriate means and refund the amount of the undelivered Order. A new delivery may be scheduled according to conditions to be agreed if desired.
Products on the Site and in the Application are in accordance with regulations in force in France. When you click on the Product when visiting the Site, features and information on the Products will then be presented, in particular for cosmetic products, the capacity, the main active ingredients, the benefits, and beauty advice.
IEVA reserves the right to change the items proposed on the Site or in the Application at any time and without notice.
6.3 Legal warranty
Products supplied by the Seller shall be in accordance with the legal guarantee of conformity and the one against hidden defects of the product sold.
Within the framework of the legal guarantee of conformity, the Client:
- shall have a period of two years from the delivery of the products to take action against the Seller;
- may choose between repairing or replacing the products, subject to the cost conditions specified in Article L. 211-9 of the French Consumer Code;
- shall be exempt from providing proof of the existence of the product’s lack of conformity during the 24 months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial warranty which may cover the Product.
7. PROTECTION OF PERSONAL DATA
The information requested during the creation of your personal account is necessary for the processing of your order by IEVA.
Depending on your point of connection, we may need to synchronize some and/or all of your data between the different platforms including the site and the application, to make them available during your connection.
All personal information will be collected on a system to guarantee the confidentiality of your data and will be accessible at any time:
- – on the Site by clicking on “My Account” / “My Information” – “My Account” / “My Addresses”
- – in the Application by clicking on “My Account.”
In accordance with the French Data Protection Act of January 6, 1978, amended by the General Data Protection Regulation Act of April 14, 2016, you can object to the processing of this data, and you have a right to access, a right to data portability, to rectify and withdraw the data concerning you by connecting to the home page:
- on the Site by clicking on “My Account”
- in the Application by clicking on “My Account.”
These headings allow you to change your own personal data, at any time. To delete your personal data or to exercise your right to data portability, please contact the IEVA customer service explaining the right you wish to exercise.
All of this information, potentially supplemented by other information when placing your Order, will be subject to automated processing for administrative and commercial management purposes. Those data are processed by IEVA in strict compliance with the applicable laws and will be kept as long as necessary for processing your order.
8. INTELLECTUAL PROPERTY
Whatever the format, all the elements published on the Site and in the Application, and in particular the corporate identity and style guide, software, photos, audio, video, recipes, names and packaging of the Products and without this list being restrictive, are IEVA’s exclusive property. Any use or reproduction whatsoever is strictly prohibited.
9. GENERAL INFORMATION
9.1 Applicable law and jurisdiction
Any dispute concerning the processing of an Order and/or the interpretation of these General Terms and Conditions is subject to French law (hereinafter the “Dispute”).
In case of Dispute, IEVA and the Client shall endeavor to reach an amicable agreement.
For this purpose, the Client is informed that IEVA’s customer service can be reached at the following contact details:
Address: IEVA, Customer Service, 9 allée Irène Joliot-Curie, 6980 Saint-Priest France
Contact number: +33 809 400 173
In addition, if you are not satisfied with the customer Service’s solution, you may first contact our customer Service and request to have recourse to a consumer mediator in order to amicably resolve the dispute between you and the Seller, in accordance with the provisions of Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code.
In accordance with these provisions, the Seller adheres to the service of the Mediator _________ whose contact details are as follows:
In case of dispute concerning the interpretation or execution of the agreements between you and IEVA, the appropriate court will be, according to the plaintiff’s choice and in accordance with the legal provisions, either the court local to the defendant’s place of residence, or the court local to the place of the actual delivery of the Product(s), or the one local to the place of supply of the service.
9.2 The binding nature of the General Terms and Conditions of Online Sale
Pursuant to the provisions of the Law of June 21, 2004, on trust in the digital economy and the Act of March 13, 2000, on electronic signatures, the act by which you submit your order by computer transaction as specified on the Site or in the Application constitutes an irrevocable acceptance of the General Terms and Conditions of Sale in force on the date of the Order.
The General Terms and Conditions of Online Sale on the Site thus prevail over any other condition of sale that may appear in other documents distributed by IEVA for the Products. It shall not be construed that the Seller has permanently forsworn the subsequent implementation of any of the terms and conditions due to not having prevailed at some point upon any of the provisions of the General Terms and Conditions of Sale.
9.3 Confidentiality and data protection
IEVA shall take all security measures to ensure the availability, integrity, and confidentiality of the exchanged data.
For its part, IEVA would like to draw your attention to the need to take all appropriate measures, such as regularly updated and properly configured firewalls and anti-virus programs, to protect you in the most effective way possible against intrusions, attacks, and spread of viruses, to ensure the availability, integrity, and confidentiality of information sent on the Site and in the Application.
9.4 Partial invalidity
The invalidity of any section of these General Terms and Conditions of Online Sale shall not lead to the invalidity of all the General Terms and Conditions of Online Sale.