ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of beauty care and home massage services ("the Services") offered by BESOIN D'AILES ("the Provider") to consumers and non-professional customers ("the Customers" or "the Customer") on the website https://besoindailes-esthetique.fr.
The main features of the Services are presented on the https://besoindailes-esthetique.fr website.
It is the Customer's responsibility to read these terms and conditions before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other channels for marketing the Services.
They may be supplemented by special conditions set out on the website prior to any transaction with the Customer.
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right to access, rectify, object to, delete and port all their personal data at any time by writing, by post and providing proof of their identity, to 162 Rue des Ecoles, Hameau de Coustellet - 84220 CABRIERES D'AVIGNON.
The Customer declares that he/she has read these General Terms and Conditions of Sale and accepted them by ticking the appropriate box.
Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges that he/she has the capacity required to contract and purchase the Services offered on the https://besoindailes-esthetique.fr website.
As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
The Services presented on the https://besoindailes-esthetique.fr website are offered for sale in the following territories:
VAUCLUSE, GARD and BOUCHES-DU-RHONE.
Free travel within a 20 km radius of CABRIERES D'AVIGNON for purchases of 20 euros or more.
Beyond this, travel costs will be invoiced in addition to the service: 1 euro 50 cents/additional kilometre one way.
Between 30 and 40km, a flat-rate supplement of 20euros applies.
ARTICLE 2 - Orders
The Customer selects the Services he wishes to order on the Website and contacts the Service Provider by telephone on the number indicated below to validate his order.
Contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.
BESOIN D'AILES reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 3 - Prices
The Services offered by the Service Provider are provided at the rates in force on the https://besoindailes-esthetique.fr website when the order is placed by the Service Provider.
Prices are given in Euros and include VAT.
Prices take into account any discounts granted by the Service Provider under the conditions specified on the https://besoindailes-esthetique.fr website.
These prices are firm and non-revisable during their period of validity, as indicated on the website https://besoindailes-esthetique.fr, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase (excluding any travel expenses).
An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.
The Services offered by the Service Provider are provided at the rates in force on the date of confirmation of acceptance of the order by the Service Provider, as communicated to the Customer prior to placing the order.
ARTICLE 4 - Terms of payment
The price is payable in cash, in full, on the day of provision of the Services ordered under the conditions defined in the "Provision of Services" article below and as indicated on the invoice sent to the Customer, by secure payment, in accordance with the following terms and conditions:
-by bank transfer,
-in cash, up to a maximum of €1,000,
-by cheque,
If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco.
Cheques are cashed on receipt.
When payment is made by means of a gift voucher purchased on the CAP CADEAU website (via the BESOIN D'AILES website), the Customer must follow the gift voucher registration procedure before the service is provided.
The Customer may also contact BESOIN D'AILES to purchase a gift voucher directly from the Provider's head office or have it delivered, free of charge, to the address of their choice within a 10 kilometre radius of the Provider's head office.
The gift voucher is nominative, non-exchangeable and non-refundable. It is valid for 3 months from the date of purchase.
The gift voucher is valid for all Services presented on the website, with a price equal to or greater than 30 euros.
If the value of the gift voucher is 150 euros or more, the voucher can be used on one or more occasions.
If the value of the gift voucher is less than €150, the voucher can be used in one go.
When purchasing a gift voucher, the Customer has the option of choosing or not choosing the Service(s) offered. The beneficiary of the voucher will be able to modify the chosen Service(s).
If the price of the chosen Service(s) is higher than the value of the gift voucher, the beneficiary will pay the difference to the Provider.
If the price of the chosen Service(s) is less than the value of the gift voucher, no refund will be made.
Payment data is exchanged in encrypted mode using the STRIPE protocol.
Payments made by the Customer will only be considered final once the amounts due have been effectively collected by the Service Provider.
In the event of late payment and payment of the sums due by the Customer beyond the deadline set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the monthly rate of 10 % of the amount including tax of the price of the provision of the Services, will be automatically and by right acquired by the Service Provider, without any formality or prior formal notice.
In addition, any delay in payment will automatically result in the application of a fixed penalty of forty (40) Euros, without prejudice to late payment penalties. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may be entitled to take against the Customer in this respect.
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer may not be billed for any additional costs in excess of those borne by the Service Provider for the use of a means of payment.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer, which include beauty treatments and massages at home, will be provided as follows: after making an appointment, the Customer will receive a text message the day before the appointment (provided that the mobile phone number communicated beforehand is valid). This message will summarise the date and time of the appointment, the service(s) ordered and the duration of the service(s).
The Service Provider will come to the Customer's home by telephone on the day and at the time agreed with the Customer. At the time of the service(s), the Service Provider will provide the Customer with the equipment and products required to carry out the service(s).
The Service Provider undertakes to use its best endeavours to provide the Services ordered by the Customer, on a best endeavours basis and within the timescales specified above. In order to better organise the Services, the Customer is invited to make an appointment in advance.
The Provider is identified as follows:
Name: Mrs Lamia ABOUDA - Company name: BESOIN D'AILES,
Sole trader,
Registered office: 162 Rue des Ecoles, hameau de Coustellet - 84220 CABRIERES D'AVIGNON,
Telephone number: 06.35.58.14.70
E-mail address: contact.besoindailes@gmail.com
Company registration number: 817 532 682.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.
The Customer shall have a period of 10 days from the provision of the Services in which to submit such reservations or complaints, in writing, to the Service Provider, together with all supporting documentation.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Service Provider will reimburse or rectify the Customer (where possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions agreed by the Customer, the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Cancellation of Services / Rescheduling of appointments
If the Customer is unable to attend, he must inform the Service Provider at least 48 hours before the appointment by telephone (using the contact details given in Article 5 hereof).
In the event of cancellation, regular postponements or failure by the Customer to attend the appointment, the Customer will be asked to pay 30 % of the total cost of the Service(s). This payment must be made by bank transfer 72 hours before the next appointment. The appointment will only be validated and confirmed by SMS upon receipt of this payment.
Any cancellation of a treatment must be made by telephone at least 48 hours before the Event. Failing this, the cost of the Service will be deducted from the subscription and no refund or rescheduling of the appointment will be possible.
In the case of payment for the Service(s) by means of a gift voucher, any request for cancellation or postponement of the appointment less than 48 hours before the appointment will result in the automatic cashing of the said voucher for the value of the Service(s) ordered. The same will apply if the beneficiary fails to show up on the day of the Event.
ARTICLE 7 - Customer's lateness on the day of the Service
If the Customer is late for the Service(s) at the scheduled time, the duration of the Service(s) will be reduced by a period equal to the delay.
The Service(s) must be paid for in full, with no reduction in price being requested by the Customer.
ARTICLE 8 - Duration of the Service
Each Service includes the welcome time, the setting up, the undressing at the beginning of the treatment and the dressing at the end of the treatment, as well as the advice provided by the Service Provider. However, the Customer must ensure that he/she is available beyond the duration of the Service.
ARTICLE 9 - Clothing during the Service
The Provider undertakes to provide the Customer with disposable underwear according to the type of Service(s) chosen. If the Customer chooses to use their own underwear, they are advised not to use fragile underwear. In this case, the Service Provider cannot be held responsible for any damage to the underwear.
ARTICLE 10 - Massages
The Massage Service is a well-being service for non-therapeutic purposes.
This Service is not of a sexual nature or any sexual connotation. In the event of any gesture of a sexual nature or with a sexual connotation on the part of the Customer, or any inappropriate attitude on the part of the Customer, the Service Provider reserves the right to refuse to carry out the Service(s) ordered and to demand full payment for the Service(s) ordered, even if the Service(s) has (have) not begun or has (have) not been completed. In such an event, the Service Provider reserves the right to take legal action against the Customer.
Body modelling is carried out using a range of techniques developed by qualified trainers.
In the case of a massage for a minor child, the presence of the child's legal representative is compulsory.
ARTICLE 11 - Pregnant women/special cases/medical contraindications
Each Service described on the website includes a list of contraindications or conditions of use.
Some treatments are not recommended for pregnant women. Appropriate facial treatments and lymphatic drainage are then preferred.
The Service Provider reserves the right to ask the Customer to produce a medical certificate confirming that there are no contraindications.
Any medical restriction(s) must be brought to the attention of the Service Provider prior to booking the Event(s) or, at the latest, when booking the Event(s) (by telephone or via the online contact form - in the "comments" section).
ARTICLE 12 - Right of withdrawal
Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the Customer places the order in accordance with the terms and conditions set out in these General Terms and Conditions of Sale.
ARTICLE 13 - Liability of the Service Provider - Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the terms and conditions set out in the appendix to these General Terms and Conditions of Sale.
In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of 10 days from the provision of the Services.
The Service Provider will reimburse or rectify or have rectified (where possible) the services deemed defective as soon as possible and no later than 30 days following the Service Provider's discovery of the defect or fault. The refund will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law.
The Services provided through the Provider's https://besoindailes-esthetique.fr website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.
Under no circumstances may the Service Provider be held liable for any bodily injury suffered by a Customer who has ordered a Service without respecting the contraindications and without informing the Service Provider of these contraindications prior to carrying out the Service.
ARTICLE 14 - Protection of personal data
Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, we remind you that the personal data requested from the Customer is necessary for processing the order and, in particular, for issuing invoices.
The personal data collected from the Customer is processed by the Service Provider. It is recorded in the Customer file and is essential for the provision of the service. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the performance of the contract and any applicable guarantees.
The data controller is the Service Provider. Access to personal data will be strictly limited to the Service Provider. The information collected may be communicated to third parties bound to the Service Provider by contract for the performance of sub-contracted tasks, without the Customer's authorisation being required. In performing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data.
Apart from the cases set out above, the Service Provider will not sell, rent, transfer or give access to third parties to the data without the Customer's prior consent, unless it is obliged to do so for a legitimate reason. If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data will be specified.
In accordance with the applicable regulations, the Customer has a right of access, rectification, deletion and portability of the data concerning him/her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the following postal or e-mail address:
Mrs Lamia ABOUDA - Name: BESOIN D'AILES,
162 Rue des Ecoles, Hameau de Coustellet - 84220 CABRIERES D'AVIGNON
contact.besoindailes@gmail.com
If, after contacting the Service Provider, the Customer considers that his or her "Data Protection" rights have not been respected, he or she may lodge a complaint with the CNIL.
ARTICLE 15 - Intellectual property
The content of the BESOIN D'AILES website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 16 - Insurance
The Seller declares that it holds an insurance policy guaranteeing the pecuniary consequences of its contractual liability that may be incurred in connection with the Services provided.
ARTICLE 17 - Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 18 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
ARTICLE 19 - Applicable law - Language
These General Terms and Conditions of Sale and any transactions arising from them are governed by French law.
They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 20 - Disputes - Mediation
Any disputes to which the services provided pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved between the Service Provider and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.
If an amicable agreement cannot be reached, and before taking the matter to the competent legal courts, the consumer Customer may, in accordance with the provisions of article L612-1 of the French Consumer Code, refer the matter free of charge to a mediator at :
Centre for Consumer Mediation of Justice Conciliators (CM2C)
14 Rue Saint Jean
75017 PARIS
Telephone: 01.89.47.00.14
E-mail: cm2c@cm2c.net
The consumer Customer remains free to accept or refuse recourse to mediation, and in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.
ARTICLE 21 - Pre-contractual information - Customer acceptance
The Customer acknowledges that, prior to placing his/her order and entering into the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:
- the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
- the price of Services and ancillary costs (e.g. travel);
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;
information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
Information on legal and contractual warranties and how to make use of them;
the functionalities of the digital content and, where appropriate, its interoperability ;
the possibility of resorting to conventional mediation in the event of a dispute ;
information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right, etc.).
and standard withdrawal form), cancellation procedures and other important contractual conditions.
the payment methods accepted.
The fact that a natural person (or legal entity) places an order on the https://besoindailes-esthetique.fr website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Service Provider.
