Terms and Conditions of Sale (TCS)
Terms and Conditions of Sale – Black Roses PON
These General Terms and Conditions of Sale (hereinafter the "GTC") apply to all sales concluded on the Black Roses PON website, whose legal information is provided on the Legal Notice page.
Any order placed on the site implies full and unreserved acceptance of these GTC by the customer.
Article 1 – Purpose
The purpose of these GTC is to define the conditions under which Black Roses PON offers for sale, on its website, press-on nails and nail creations.
Article 2 – Products
The products offered for sale are custom false nails, also known as press-on nails.
Each product is presented with the most accurate description possible. Photographs, illustrations and visuals are provided for information purposes only and are not contractually binding.
Slight variations may exist, particularly in terms of color, shine, relief or rendering, due to screen settings, light, materials used or the handcrafted nature of the creations.
Article 3 – Price
Prices are indicated in euros (€), all taxes included (TTC).
Black Roses PON reserves the right to modify its prices at any time. However, products will be invoiced on the basis of the price list in force at the time of order validation.
Delivery costs are indicated to the customer before final order validation.
Article 4 – Order
The customer places an order via the website.
Any order implies acceptance of the prices, product descriptions and these GTC.
Black Roses PON reserves the right to refuse or cancel any order in the event of a previous dispute with the customer, suspicion of fraud, an abnormal order, or clearly erroneous information.
The order will only be considered final after confirmation of its acceptance and full payment of the price.
Article 5 – Payment
Payment is due immediately at the time of the order.
Accepted payment methods are those offered on the site at the time of purchase, including credit card or any other secure payment solution available.
Transactions are secured via the payment platform used by Shopify.
Article 6 – Delivery and lead times
The products offered by Black Roses PON are handmade, which implies a manufacturing time before shipping.
Manufacturing lead times
Orders are prepared within an estimated period of 5 to 10 working days from the validation of the order.
This period may vary depending on the volume of orders, periods of high activity, or the complexity of the ordered creation.
Delivery times
Once the order has been shipped, the delivery times are as follows:
- Metropolitan France: 2 to 5 working days
- Europe: 3 to 7 working days
- International: 5 to 15 working days
These times are given for information only and may vary depending on carriers, peak periods, public holidays or customs formalities.
Liability related to delivery
Black Roses PON cannot be held responsible for delays attributable to the carrier or to an event beyond its control after dispatch.
In case of lost, damaged or visibly spoiled package upon delivery, the customer is invited to contact Black Roses PON as soon as possible so that a claim can be investigated.
Article 7 – Right of withdrawal
In accordance with article L221-18 of the Consumer Code, the consumer generally has 14 days to exercise their right of withdrawal in the context of distance selling. However, this right is subject to exceptions provided by law.
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products manufactured according to the customer's specifications or clearly personalized.
Consequently, personalized press-on nails, made to measure or manufactured according to the customer's specific choices, do not benefit from the legal right of withdrawal.
Article 8 – Returns and refunds
Due to the personalized and made-to-order nature of the products sold by Black Roses PON, no returns or refunds will be accepted once the order has been validated, except in the following cases:
- defective product received;
- preparation error attributable to Black Roses PON;
- product not conforming to the order.
Any claim must be sent by e-mail to the address indicated on the site, within 48 hours after receipt of the order, accompanied by clear photographs allowing the problem encountered to be assessed.
After reviewing the request, Black Roses PON may propose, depending on the situation:
- a product replacement;
- a credit note;
- or a partial or total refund.
No returns will be accepted for a product that has been used, worn, damaged after receipt, or for a simple change of mind regarding a personalized product.
Article 9 – Legal guarantees
The customer benefits from the legal guarantees applicable under French law, including the legal guarantee of conformity and the guarantee against hidden defects, under the conditions provided for by the texts in force. The T&Cs of a merchant site must clearly indicate these guarantees.
If a product has a lack of conformity or a hidden defect, the customer may contact Black Roses PON so that an appropriate solution can be offered, in accordance with applicable legislation.
Article 10 – Liability
Black Roses PON cannot be held liable for damage resulting from improper use of the products.
It is the customer's responsibility to verify that they do not have any allergies, sensitivities or irritations to the materials, adhesives, glues or accessories used.
The products sold cannot replace medical or dermatological advice in the event of a skin reaction.
Article 11 – Personal data
Personal data is used only within the framework of the commercial relationship, order processing and customer service.
In accordance with the applicable regulations regarding the protection of personal data, particularly the GDPR, the customer has a right of access, rectification, erasure and, where applicable, opposition concerning their personal data.
Detailed data processing procedures are set out in the site's Privacy Policy.
Article 12 – Intellectual property
All elements of the site, including texts, images, photographs, logos, visuals, graphic creations and brand universe, are the exclusive property of Black Roses PON, unless otherwise stated.
Any reproduction, representation, distribution, exploitation or use, in whole or in part, without prior written authorization, is strictly prohibited.
Article 13 – Consumer mediation
In case of a dispute, the customer is invited to contact Black Roses PON first to seek an amicable solution.
In accordance with the rules applicable to consumer sales, the customer may also call upon a competent consumer mediator. This information is part of the expected details in the T&Cs of a professional selling online.
The contact details of the competent mediator may be communicated upon request or specified on the Legal Notice page or in a dedicated section of the site.
Article 14 – Applicable law and disputes
These GTC are subject to French law.
In the event of a dispute, an amicable solution will be sought first before any legal action.
Failing an amicable agreement, the competent French courts will be seized, subject to the protective provisions applicable to the consumer.