CGV En - F-CARE Studio

CGV

GENERAL CONDITIONS OF SALE

1. COMPANY IDENTITY

FCARESTUDIO (hereinafter “the Site”), a private company (establishment authorization number: 10135230/0), whose head office is located at 22 rue de Bruxelles, 8223 Mamer, Luxembourg, specializes in performing facial yoga classes and salon beauty treatments.

2. PURPOSE
These general conditions of sale (hereinafter the “CGV”) govern the rights and obligations of the parties in the context of the sale of services by FCARESTUDIO on its website http://www.fcarestudio.com (hereinafter the “Site”) or on sale over the counter in its studio (hereinafter “Studio”), to any adult person, having the status of consumer, within the meaning of Luxembourg law and jurisprudence, as well as legal capacity and resident on the territories following geographic locations: Member States of the European Union and International (hereinafter the “Client” or designated together with the company FCARESTUDIO, the “Parties”).
Any Order for a service offered for sale on the Site or in the Studio implies acceptance in their entirety and without reservation of the present General Terms and Conditions, which the Customer acknowledges having understood.
Any contrary or special conditions imposed by the Client, whatever their time and medium, will be unenforceable against FCARESTUDIO, unless expressly agreed in writing by the latter.
FCARESTUDIO reserves the right to modify the General Terms and Conditions at any time, the new version of which it will communicate before any new Order which will only be applicable to subsequent transactions.

3. DEFINITIONS
Gift cards: E-cards (dematerialized and received by e-mail) and/or Personalized Cards (material card as opposed to the dematerialized e-card) valid for the purchase of Services offered by FCARESTUDIO either for Online Sale or on sale over the counter.
Order: the purchase of Service(s), from FCARESTUDIO, by the Customer from the Site or in the Studio.
Product(s): terms designating gift cards (defined above) available for sale on the Site or in the Studio.
Reservation: action of reserving, online on the Site, by telephone, by email or in the Studio, a time slot for carrying out a treatment or course.
Sales at the counter or in the Studio: physical sales in the FCARESTUDIO Studio.
Online sale or online order: Order made by the Customer from the FCARESTUDIO Site as opposed to over-the-counter sales.

3. If it is impossible for FCARESTUDIO to carry out the Service due to an unforeseeable event, the Client will be informed as soon as possible.
However, the Reservation will only be final after the Customer has provided their bank card details.

4. Cancellation of the Reservation by the Customer is free of charge up to 24 hours before the scheduled time. After this date, the Customer will be charged 30% of the price or the entire price if they do not show up, directly from the bank card whose details they provided when validating their Reservation.
In the event of late cancellation (within the meaning of the previous paragraph) of a session ordered using a Gift Card, the session will be deducted from the sessions remaining to be carried out.

4.1.3 Commercial offers

FCARESTUDIO offers gift cards to its Customers
4.1.4 Gift Cards: gift cards credited with an amount defined by the Customer and valid for the purchase of Services offered by FCARESTUDIO either for online sales or over-the-counter sales. Gift Cards are valid for 6 months from the Order (except in special cases of promotion and expressly indicated during the Order) on all Services offered by FCARESTUDIO.
At the end of the validity period, the amounts credited to the Gift Card will be considered used.
The Service Reservation made within the framework of the use of a Gift Card is made according to the conditions and terms provided for in article 4.1.2. of these General Conditions of Sale.
For any Service Order made using the Gift Card, the holder thereof must comply with the conditions and terms provided for in these General Conditions of Sale.

5.CONTRAINDICATIOS
The Client is informed that it is, in certain cases, contraindicated to perform a Facial Yoga or treatment Service, without prior medical advice, and in particular (without this list being exhaustive):
• Infectious diseases, severe skin rash and herpes;
• Inflammations of the skin (dermatoses, skin infections, burns, recent wounds or scars, open wounds, cuts, etc.);
• Recent surgical intervention (less than three months);
• Filler injections less than 4 weeks old;
• Botulinum toxin injections less than 2 weeks old;
• Subcutaneous tension threads;
• Deep chemical peeling on medical advice;
• Coagulation disturbances (hemophilia, thrombosis, hematoma);
• Pregnancy;
• A medical certificate can be requested for any type of cancer;
• Allergies to a cosmetic ingredient;
• Tattoo or permanent makeup less than 10 days old;
• Dental device (braces, prostheses, etc.) or recent dental procedure.
The customer declares to have read the non-exhaustive list of contraindications before any validation of the Order so that any late cancellation for reasons of the existence of a contraindication, less than 24 hours before the session,

will result in the payment of 30% of the price or its entirety if it does not appear, in accordance with the provisions of the last paragraph 4 of article 4.1.2. of these General Terms and Conditions.
If in doubt about a factor likely to constitute a contraindication, the Customer is strongly recommended to contact FCARESTUDIO prior to any validation of their Order and to seek the advice of their treating physician.
6. PRICES
6.1. Price
The unit price of each Service is the price in effect on the day the Order is finalized by the Customer.
It is indicated in euros, all applicable taxes included.
Any taxes, duties (including VAT), rights to pay in application of Luxembourg regulations are the responsibility of the Customer.
FCARESTUDIO therefore reserves the right to revise the prices at any time, which will be indicated to the Customer and applicable to any new Order.
7. ORDER
The Customer can place his Order in three ways: Either online on the Site; Either in the Studio; or not telephone.
By validating the Order, the Customer expressly declares to accept the General Terms and Conditions without restriction or reservation.

• Counter sales
• The Service Order requires the Reservation of a slot according to the terms provided for in article 4.1.2 of these General Terms and Conditions.
• Online sale
The Customer selects one or more Services which he places in his “Basket” which can be modified until his Order is validated.
To finalize the Order, the Customer must validate their basket and pay the price directly.
After validation by the Customer, FCARESTUDIO confirms the Order by e-mail and notably transmits the Zoom link.
• In any event, FCARESTUDIO reserves the right to refuse or cancel a Service Reservation under the conditions set by Luxembourg positive law, in particular, in the event of unpaid Order(s) or previous dispute(s). s), in the event of refusal of authorization for payment by bank card from banking organizations or more generally any total or partial failure to pay.
FCARESTUDIO also reserves the right to cancel an Order in the event of an event beyond its control – the Customer will be notified without delay.
The Customer will then be reimbursed for the amount of the price paid, at the latest within thirty days from the date of cancellation of the Order but will not be able to claim any compensation in this regard.

8. PAYMENT TERMS
• The price is payable immediately and in cash.
Furthermore, you are reminded that in the event of cancellation or no-show at the scheduled time for the Care Service, partial or total payment of the price, according to the cases provided for in article 4.2 of these General Terms and Conditions, will be directly debited from the account attached to the bank card whose details the Customer will have provided when validating their Reservation.
• In any case, payment of the price can be made:
• For counter sales: by check or cash (within the limits of legally permitted amounts);

• For online sales: by credit card.
In case of payment by bank card: only Carte Bleue, Visa, Eurocard/Mastercard bank cards are accepted.
The Customer must indicate their card number as well as its expiry date, directly in the area provided for this purpose.
To secure bank card payments, FCARESTUDIO uses the STRIPE secure payment system which helps preserve the integrity and confidentiality of exchanges so that the information transmitted is encrypted and is not communicated to FCARESTUDIO.
In the event of fraudulent use of their bank card, it is up to the Customer to inform

FCARESTUDIO as soon as this use is noted.
The amount of the Order is debited at the time of confirmation of the Order by FCARESTUDIO.
FCARESTUDIO reserves the right to refuse any payment by check in the event of a previous incident with the Client.
– failing that, to contact FCARESTUDIO at the address contact@fcarestudio.com, particularly in the event of a change in your bank details (by sending your new RIB at the same time).
In accordance with the provisions of the Monetary and Financial Code, the order to pay given by means of a payment card or check is irrevocable.
• FCARESTUDIO reserves the right to suspend or cancel the Order, the treatment reservation or even the delivery in progress, whatever its nature and the level of execution, in the event of non-payment of the amount which would be due by the Customer, or in the event of a payment incident, in the event of a previous dispute with the Customer or in the event of expiration of the Gift Card.
• Regarding the sale of a dematerialized Gift Card (or e-card), this is delivered digitally to the email address provided by the Customer at the time of validation of the Order.
• In the event of delay or cancellation, the Customer will not be able to claim any compensation in this regard.

9. RESOLUTION – TERMINATION
The sale may be canceled automatically and without any particular formalities, after formal notice remains unsuccessful for more than 15 days, in the event of non-payment of the price or non-performance of any of the obligations provided for in these General Terms and Conditions, at the exception of any failure due to a case of force majeure as defined by French law, unless the cause of force majeure lasts beyond one month.

10. RESPONSIBILITY
The Client must comply with the advice and recommendations of FCARESTUDIO, particularly with regard to the contraindications to the Care Services set out in Article 5 of these General Terms and Conditions.
In the event of allergies, known health problems or any other contraindication, the Customer must inform FCARESTUDIO before carrying out the Service.
FCARESTUDIO reserves the right to refuse at any time the execution of the Service or the Offer to the Client whose state of health is not compatible with the provision of a Care Service without prior medical advice.
• In any case
The Services offered by FCARESTUDIO comply with current Luxembourg legislation.
FCARESTUDIO cannot be held responsible for non-performance of the contract in the event of the Client’s fault, for a fortuitous reason or in the event of force majeure as defined by Luxembourg law and jurisprudence.
• Limitation

FCARESTUDIO’s liability is limited to reimbursement of the price of the service.

11. MISCELLANEOUS
16.2. If any of the provisions of these General Conditions of Sale were canceled, this nullity would not affect the other provisions which would remain in force between the Parties.

12. PERSONAL DATA
FCARESTUDIO is, within the meaning of EU Regulation 2016/679 (known as “GDPR”), responsible for processing personal data under the conditions described below and undertakes to comply with the provisions of said Regulation as well as those of Law No. 78 -17 of January 6, 1978 relating to data processing, files and modified freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27 2016 known as “GDPR” and take all necessary precautions to preserve the security of the personal information entrusted.

The processing of personal data is carried out in order to respond to requests from Users via the contact form, and to ensure the management of Orders (payment, etc.), and more generally, the proper execution of the Contract governed by these General Terms and Conditions.
FCARESTUDIO collects, within the limits of what is strictly necessary for the execution of the Contract, the following data: NAME, FIRST NAME, POSTAL ADDRESS and E-MAIL, TELEPHONE (through the service provider, trusted third party, responsible for operations payment).
As part of the Facial Yoga, Beauty Routine, Makeup Routine and personalized facial massage Service, FCARESTUDIO collects additional data relating to the Client’s habits (e.g.: skin type, lifestyle, hydration, etc.).
This information is essential for the execution of the Contract. Otherwise, the Customer’s Order will not be successful.

12. PERSONAL DATA
FCARESTUDIO is, within the meaning of EU Regulation 2016/679 (known as “GDPR”), responsible for processing personal data under the conditions described below and undertakes to comply with the provisions of said Regulation as well as those of Law No. 78 -17 of January 6, 1978 relating to data processing, files and modified freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27 2016 known as “GDPR” and take all necessary precautions to preserve the security of the personal information entrusted.

In accordance with the GDPR, individuals have, regarding personal data concerning them: a right of access to the data collected; a right to rectify inaccurate personal data; a right to limitation of processing under the conditions provided for in section 3 of chapter III of the GDPR; a right to erasure under the conditions provided for in section 3 of chapter III of the GDPR; a right to portability; the right to object to processing under the conditions provided for in section 4 of chapter III of the GDPR; a right not to be subject to automated processing under the conditions provided for in section 4 of chapter III of the GDPR; the right to lodge a complaint with the national supervisory authority, namely the CNIL.
Any person may exercise their rights by contacting, where applicable, FCARESTUDIO at the following contact details: FCARESTUDIO, 2 Rue de Bruxelles, L-8223 MAMER – Luxembourg or by e-mail: contact@fcarestudio.com.

13. INTELLECTUAL PROPERTY

All elements of the Site, visual or audio as well as the Products are protected by intellectual property rights. They are the exclusive property of FCARESTUDIO or its suppliers.
Any reproduction or representation, in whole or in part, is prohibited. Failure to comply with this prohibition constitutes an infringement which may result in civil and criminal liability for the infringer.

14. APPLICABLE LAW – DISPUTE SETTLEMENT – MEDIATION
Contracts concluded within the framework of these General Terms and Conditions are governed by Luxembourg law.
In the event of a complaint, the Customer can contact FCARESTUDIO either at the address FCARESTUDIO, 2 Rue de Bruxelles, L-8223 MAMER – Luxembourg or via the online form available in the “Contact Us” section.