TERMS AND CONDITIONS OF SALE
www.nigellecosmetics.com (the Site) is published, edited and operated by NIGELLE COSMETICS LLC, whose registered office is located at 102 Gold Ave SW.
Albuquerque, NM 87102, USA, registered with the IRS under number 35-2829242. contact person: contact@martinecosmetics.com
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter “GTCS”) apply, in their version in force at the time of the order, to all orders placed by any person (hereinafter “you” or “the Customer”) via the site www.nigellecosmetics.com (hereinafter “the Site”) with the company NIGELLE COSMETICS LLC (hereinafter “we” or “the Seller”).
All our deliveries, services and offers are governed exclusively by these GTC. We object to any general or special conditions that are contrary to or derogate from the present conditions.
Failure by a Customer to comply with its obligations under these GTC may result in the suspension or termination of its account, without prejudice to any damages that may be sought by NIGELLE COSMETICS LLC.
NIGELLE COSMETICS LLC reserves the right to adapt or modify these GTC at any time. The version of the GCS applicable to any sale is the one appearing online on the www.nigellecosmetics.com site at the time of the order.
2. SITE INFORMATION AND ACCESSIBILITY
www.nigellecosmetics.com is an e-commerce Site owned and operated by NIGELLE COSMETICS LLC.
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, programmed or not, by NIGELLE COSMETICS LLC or its providers, for the needs of its maintenance and / or security or case of force majeure (as defined below). NIGELLE COSMETICS LLC shall not be liable for any damages whatsoever resulting from the unavailability of the Site.
NIGELLE COSMETICS LLC does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failures or interruptions. In this respect, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. NIGELLE COSMETICS LLC cannot be held responsible for problems with data transmission, connection or network unavailability.
NIGELLE COSMETICS LLC reserves the right to make changes to the Site for technical or commercial reasons. When these modifications do not substantially alter the conditions of the provision of services, the customer may be informed of the modifications, but his acceptance is not requested.
The www.nigellecosmetics.com website is hosted by Godaddy.
3. SITE REGISTRATION CONDITIONS
3.1. When registering, you agree to provide accurate and complete information. The login and password used to access the Site are confidential and must not be disclosed to third parties. Once you have clicked on the “REGISTER” button, you will receive confirmation of your registration by e-mail.
3.2. You undertake to refrain from any disruption of the Site and from any use of the data on the Site beyond simple online consultation. Any illicit manipulation with a view to obtaining undue payments or other advantages to our detriment or to that of other customers of the Site will result in the loss of the right of access to your customer account.
3.3. Each customer may open only one account. We reserve the right to delete without notice any multiple registrations and to give notice to the customers concerned, to terminate their registration or to delete or modify without notice any data that contravenes the provisions of articles 3.1 and 3.2.
3.4. Registration on our Site is free and you may cancel it at any time. It is possible to delete your customer account by sending an e-mail with your request to contact@nigellecosmetics.com.
3.5. By registering on the Site, the Customer declares and warrants to NIGELLE COSMETICS LLC that he/she is of legal age and has the legal capacity to contract.
NIGELLE COSMETICS LLC may delete Customer’s account at any time, for any reason, at its sole discretion.
4. DOWNLOADING AND CONSULTING THE CONTRACTUAL PROVISIONS
4.1. You can consult these terms and conditions at any time on our website www.nigellecosmetics.com. You can print or save this document.
4.2. You can also archive the contractual conditions of your order by downloading the GTC and saving either the summary of your order in the online store using your browser, or the order confirmation e-mail sent to you automatically after your purchase to the e-mail address you have given us. This order confirmation contains the references of your order as well as a link to consult the present GCS. The order confirmation can be saved or printed out using the corresponding function in your e-mail program.
4.3. Your order data is stored in our system. Each customer has access to a password-protected account (click on “My account”). Once your customer account has been created, you can find out about past, current and recently shipped orders, manage and save your personal information (postal address, telephone number, bank details) and subscribe or unsubscribe to our newsletter. You undertake to keep your customer account access data confidential and in particular not to disclose it to third parties.
4.4. We reserve the right to adapt or modify these GTC at any time and without prior notice. In this case, the adaptations or modifications will apply to all orders from the date of publication of the modified GCS on the site where you make your purchase.
5. PRODUCTS – AVAILABILITY
5.1. Products are all goods offered for sale by NIGELLE COSMETICS LLC on its website www.nigellecosmetics.com.
The Products offered by NIGELLE COSMETICS LLC comply with current international legislation and applicable standards.
NIGELLE COSMETICS LLC will make every effort to ensure that photographic images accurately represent the Products offered for sale. Each Product is accompanied by a detailed description of its main features. In the event of a manifest error between the characteristics of the Product and its representation, the Member will have the option of returning it and requesting a refund in accordance with article 9 below.
5.2. Product offers are valid as long as they are visible on the site in question, while stocks last. In the event of product unavailability, we will inform you by e-mail as soon as possible and will offer you either a product of equivalent quality and value, or the cancellation of your order. In the event of cancellation of the order, the sums you have already paid will be reimbursed within thirty (30) days following cancellation of the order.
6. PRICE AND PAYMENT
6.1. The prices of our Products are quoted in Euros, inclusive of all taxes, but exclusive of handling, customs and shipping costs, the amount of which will be invoiced in addition and will be indicated to you at the time of final validation of the order.
The tax applied corresponds to the Value Added Tax in force in the buyer’s country.
6.2. We reserve the right to modify prices at any time, but the Products will in any case be invoiced on the basis of the rates in force at the time the order is placed.
6.3. At the end of the order process, you may be offered the following payment methods to pay for your purchases on the www.nigellecosmetics.com e-commerce site. :
– credit card (Visa, MasterCard, American Express),
– the PayPal secure payment system.
Regardless of the method of payment you choose, all payments will only be considered final once NIGELLE COSMETICS LLC has received full and effective payment. We do not cover the costs of payments from countries outside Europe.
7. CONCLUSION OF SALES CONTRACT
7.1. Contracts on the Site are concluded in French.
7.2. Once you have selected the desired Product(s) by clicking on the “ADD TO BASKET” icon, you will have the opportunity to confirm the composition of your basket, i.e. the specifics of the order, you will have the possibility to check and modify it and to confirm it by clicking on the “SECURE PAYMENT” icon, the order then becomes definitive. You fill in an order form and click on the “CHOOSE DELIVERY METHOD” icon. You will then be able to choose the delivery method, check the shipping costs and confirm your agreement by clicking on the “Proceed to payment” icon. The contract will be concluded when you click on the button allowing you to confirm your order after having visualized the detail of this one and in particular its total price and having had the possibility of correcting possible errors. We will acknowledge receipt of your order with an order confirmation sent automatically by e-mail to the e-mail address you have provided.
7.3. By placing an order, you accept the prices and descriptions of the Products you have placed in the shopping basket.
8. DELIVERY
8.1. We only deliver orders with a total weight of 1kg or less. If your order does not meet these criteria, please send a specific request to contact@nigellecosmetics.com. An order represents a package. If you wish to order a larger volume, you will need to place one or more additional orders.
8.2. The Products ordered will be sent to the address you will have indicated during the ordering process or to the collection point of your choice (depending on the carrier chosen). We are not responsible for delays in delivery caused by you providing an incorrect or incomplete address.
8.3. We undertake to deliver the goods ordered on the www.nigellecosmetics.com website as soon as possible after receipt of your payment.
8.4. We offer home delivery. International delivery times depend on the country of shipment.
For home deliveries, if the recipient is absent when our transport company arrives, the parcel will be dropped off at a collection point close to the delivery address. In this case, the customer will be able to collect the parcel within 10 days on presentation of proof of identity and the delivery notice. At the end of this period, unclaimed packages will be returned to us. We accept no responsibility for delays in delivery caused by the absence of the recipient of the parcel or its failure to be collected by the deadline set for this purpose.
8.5. If we are prevented from fulfilling the contract by force majeure or an act of God as defined by international case law, or by an external cause, in particular a fault attributable to you, the delivery period is automatically extended by the duration of the impediment. We will inform you by e-mail of the occurrence and termination of any such impediments. If the impediment lasts for more than six (6) weeks, either party shall be entitled to terminate the contract by operation of law, without you being entitled to claim compensation from us.
8.6. In the event of non-receipt of the parcel, the customer may lodge a complaint by email to contact@nigellecosmetics.com, within 4 weeks of the order date. After this period, the complaint cannot be processed by the after-sales service. The customer undertakes to follow up the replies received from the after-sales service within 2 weeks, failing which the complaint will no longer be processed.
9. RIGHT OF WITHDRAWAL – RETURN
As a consumer, you can notify us of your intention to withdraw within 7 days from the day after delivery. (
We advise you to exercise your right of withdrawal
by making another unambiguous declaration (by post, e-mail, etc.)
Please find below our contact details:
contact@nigellecosmetics.com
NIGELLE COSMETICS 102 Gold Ave SW Albuquerque, NM 87102, USA.
To return the order, you will then have a new period of 14 days starting the day after the day on which you inform us of your decision to withdraw.
We recommend that you return the goods in perfect condition and in their original packaging and blister pack. And secondly, to include contact details enabling us to identify the sender (surname, first name, address, order number).
The consumer does not have a right of withdrawal for goods sealed in blister packs that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
For all returns, please send the goods to the following address: 102 Gold Ave SW Albuquerque, NM 87102, USA
In the event of retraction, the consumer must bear the cost of returning the goods.
We will refund all payments received from the consumer for the order in question.
In the event of damaged or missing products, we will refund all payments received from the consumer for the order in question, including delivery costs.
The refund will be made by the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to another means of payment and provided that the refund does not incur any costs for the consumer.
To reimburse the consumer, the company has 14 days from the day after it is informed of the consumer’s decision to withdraw. However, the company may defer reimbursement until the goods have been recovered, or until the consumer has provided proof of shipment of the goods, whichever comes first.
10. LEGAL WARRANTY AND CUSTOMER SERVICE
10.1. In the event of defects or non-conformity of the goods received, you are entitled to the legal guarantees provided by current legislation.
Damaged or missing products are covered by the legal guarantee of conformity for consumer goods. They will be replaced within 14 working days of receipt of the parcel.
To facilitate the return of damaged goods, we recommend that you send us photos of the damaged products and the shipping box by email to contact@nigellecosmetics.com, quoting the order number.
It takes between 5 and 10 working days for the parcel you send us to be delivered after it has been deposited. We advise you to keep the tracking number. Once the parcel has been received, give our logistics team a few days to process it. You will receive an email to notify you when the refund has been approved and processed.
NIGELLE COSMETICS LLC is bound by the legal guarantee of conformity of consumer goods and is liable to the buyer for any lack of conformity that appears within 2 years of delivery of the goods.
10.2. Customer satisfaction is our top priority. You can contact us at the following e-mail address: contact@nigellecosmetics.com
We will examine your request as soon as possible and contact you once we have received the documents and/or your request or complaint. You can facilitate the processing of your complaint by describing the problem as accurately as possible, and by sending us a copy of the invoice or indicating the order references (order number, customer reference, etc.).
11. PROTECTION OF PERSONAL DATA AND COOKIES
For this point, please refer to the “Personal data protection” and “Cookies” sections of the Legal Notice.
12. INTELLECTUAL PROPERTY
For this point, please refer to the “Intellectual Property” section of the Legal Notice.
13. APPLICABLE LAW, COMPETENT COURTS
13.1. The contractual relations between us and our consumer customers are exclusively subject to Belgian law and to the jurisdiction of the courts of the registered office of NIGELLE COSMETICS LLC, subject to a specific attribution of jurisdiction arising from a particular statutory or regulatory text.
13.2. In the event of any dispute concerning the interpretation, execution or validity of these General Terms and Conditions of Sale, the international courts shall have exclusive jurisdiction.
14. DIVISIBILITY
Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision would then be replaced by the applicable legal provisions.
Last update: December 11, 2023
