General Terms and Conditions of Sale (GTC)

Article 1 - Scope
These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales concluded by the company ODYSSEY on the e-commerce site www.poppycloudy.com, with consumers, non-professional or professional buyers, wishing to acquire the segmented synthetic false eyelash products sold by ODYSSEY (hereinafter referred to as "we" or "the company").

These terms and conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or via other distribution channels.

The Customer declares having read and accepted these Terms and Conditions by checking the box provided for this purpose before placing an order. By validating their order, the Customer fully and unreservedly accepts all the provisions of these Terms and Conditions.

Article 2 - Products
The products sold are face masks called Fit-Mask PoppyCloudy, as described on our website www.poppycloudy.com. Product photographs and descriptions are for illustrative purposes only. While every effort has been made to ensure their accuracy, they are not contractually binding.

Products are offered subject to availability. If a product becomes unavailable after an order has been placed, the customer will be informed as soon as possible and may choose an equivalent product or request a refund.

Article 3 - Price
Product prices are listed in euros (€), inclusive of all taxes (VAT), and are those in effect at the time the order is placed. The prices shown include delivery charges within France.

ODYSSEY reserves the right to change prices at any time, but products will be billed based on the rates in effect at the time the order is registered, subject to availability.

Article 4 – Order

Orders are placed exclusively on the website www.poppycloudy.com. The Customer selects the products of their choice and confirms their order after accepting these Terms and Conditions.

An order confirmation email will be sent to the Customer after order validation and full payment. The sale is then considered final. The Customer can view their order history in their customer account on the website.

Article 5 - Payment

5.1 Payment Terms

Payment for your purchases is made by credit card or any other payment method offered on our site.

5.2 Payment Security

Transactions are secured by an online payment provider. Payment information is encrypted and protected.

Article 6 – Delivery

6.1 Delivery Time

Products are delivered to the address provided by the Customer when placing the order. Delivery times vary depending on the delivery address and product availability, ranging from 4 to 6 business days.

6.2 Delivery Charges

Delivery charges are included in the product price for deliveries within France and are indicated during order confirmation. In the event of an error in the delivery address information, ODYSSEY cannot be held responsible for delays or delivery failures. Additional charges for reshipment may apply.

6.3 Delivery Problems

If the ordered products are not delivered within 30 days of the estimated delivery date, the Customer may request cancellation of their order by email to contact@poppycloudy.com. The sums paid will then be refunded within a maximum of 14 days from receipt of the request.

Article 7 - Right of Withdrawal

In accordance with the law, the Customer has a period of 14 days from receipt of the products to exercise their right of withdrawal without having to justify a reason or pay any penalties, with the exception of return costs which remain the responsibility of the Customer.

To exercise their right of withdrawal, the Customer must contact ODYSSEY by email using the completed form (see APPENDIX II) and return the products in their original packaging, complete and unused. A full refund will be issued within 14 days of receipt of the returned products.

Article 8 - Crossed-out prices and promotions

The crossed-out prices displayed on the website www.poppycloudy.fr correspond to the previous prices of the products in question. In accordance with current regulations, these prices were in effect for a minimum of 30 consecutive days before the promotion was implemented.

Promotional Codes

8.1 Use of Promotional Codes

The promotional codes we offer are subject to specific conditions indicated at the time of issue. These codes are valid only for the purchase of products on our website poppycloudy.com and must be used before their expiry date.

8.2 **Terms of Use**

Promotional codes cannot be combined with other offers or promotions unless otherwise stated. They are neither exchangeable nor refundable for cash or other goods/services.

8.3 **Usage Restrictions**

The company reserves the right to refuse or cancel an order if it suspects fraudulent or incorrect use of a promotional code.

9. Customer Reviews

9.1 **Publication of Notices**

Customers can post reviews of products purchased on our website poppycloudy.com. These reviews must reflect honest and constructive opinions based on actual product experience.

9.2 **Moderation of Reviews**

We reserve the right to moderate customer reviews to remove any inappropriate, offensive, or irrelevant content. Reviews containing defamatory, obscene, or insulting language will be rejected.

9.3 **Use of Reviews**

By posting a review on our site, you authorize us to use and publish that review on our site as well as on our marketing materials, including but not limited to newsletters, social media and advertising campaigns.

Article 10 - Intellectual Property

All elements of the website www.poppycloudy.com are protected by copyright and remain the exclusive property of ODYSSEY. Any reproduction, exploitation, or use, in whole or in part, of the website's elements, whether visual or audio, is strictly prohibited without the company's prior written consent.

Article 11 - Personal Data

Customer personal data is collected and processed in accordance with the French Data Protection Act of 6 January 1978 and the GDPR. Customers have the right to access, rectify, and delete their data by contacting ODYSSEY at: contact@poppycloudy.com.

For more details, please see our Privacy Policy.

Article 12 - After-Sales Service

In case of a problem with a product or for any inquiries, the Customer can contact our after-sales service at the following address: contact@poppycloudy.com. Each request will be handled individually and as quickly as possible.

Article 12.1 – The cost of a communication to contact us.

The costs of contacting us are as follows:

- By email = the cost of a communication according to your internet plan.

- Per contact form = the cost of a communication according to your internet plan.

Article 13 - Disputes and Mediation

These Terms and Conditions are governed by French law. In the event of a dispute that cannot be resolved amicably, the Customer may contact a consumer mediator. The designated mediator is the Centre de médiation de conciliateurs de justice – CM2C, accessible at the following postal address: 49 rue de Ponthieu, 75008 Paris. For more information, please visit: https://www.cm2c.net .

The customer can also contact the European online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Article 14 - Amendment to the General Terms and Conditions

ODYSSEY reserves the right to modify these Terms and Conditions at any time. The applicable Terms and Conditions are those in effect on the date of the order. Any modification to the Terms and Conditions will not apply to orders already confirmed by the Customer.

Article 15 - Contact

For any questions or information, the Client can contact ODYSSEY at the following address:
ODYSSEY
61 rue de Lyon, 75012 Paris
Email: contact@poppycloudy.com

Annex I - Provisions relating to legal guarantees

Legal guarantee of conformity

Article L217-4 of the Consumer Code:

ODYSSEY is required to deliver a service in accordance with the contract and is responsible for any defects in conformity existing at the time of delivery.

Article L217-5 of the Consumer Code:

To be fit for the purpose for which a similar service is normally used and, where applicable: to correspond to the description given by poppycloudy.com and possess the qualities that poppycloudy.com presented to the buyer in the form of a sample or model; to possess the qualities that a buyer may legitimately expect, given the public statements made by poppycloudy.com, the producer, or its representative, particularly in advertising or labeling.

Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the Consumer Code:

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L217-16 of the Consumer Code:

When the buyer requests the seller, during the course of the commercial warranty granted to him during the acquisition or repair of a movable good, to carry out a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty.

This period begins from the date of the buyer's request for intervention or the date the goods in question are made available for repair, if this latter date is later than the request for intervention.

Warranty against hidden defects

Article 1641 of the Civil Code:

ODYSSEY is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Annex II - Withdrawal form.

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on [website name], except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

For the attention of = contact@poppycloudy.com

To ensure your request is processed quickly, please provide us with the following information:

WITHDRAWAL FORM

Article L221-5 2° and R221-1 Consumer Code (This form must be completed if you wish to exercise your right of withdrawal and access the service within a period of less than 14 days).

To the attention of "ODYSSEYTOUR360", 35 rue Leon Blum, 60100 Creil

Email address: contact@poppycloudy.com

I/We, the undersigned:

Residing :

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Consumer address(es):

Date :

(*) Delete as appropriate.

Last updated: 18/09/2024