1. Purpose and acceptance of Terms and Conditions
The Tapia Beauty Group site – hereinafter referred to as tapiabeautgroup.com – is an online sales site that can be accessed by all users on the Internet at tapiabeautgroup.com. It is published by Tapia Beauty Group – Authorized Distributor of the SAMPAR brand – headquarters located at 8333 Foothill Blvd., Ste. 128, Rancho Cucamonga, CA 91730. This site makes it possible for the Tapia Beauty Group to offer the Internet “User” the possibility to purchase the SAMPAR brand products. To simplify the application of these conditions, it is agreed that the User and Tapia Beauty Group will be referred to as “the Parties” and “the Party” individually, and that the User who has placed an order will then be referred to as the “Buyer.” The User’s rights and obligations also apply to the Buyer. An order placed by the User will not be deemed valid until the latter has read and accepted these terms and conditions without reserve, however acceptance is conditioned upon the User’s signature. In accordance with the provisions of Article 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, adopted for the application of Article 1316-4 of the Civil Code regarding electronic signatures, an order may be validated as mentioned in Article 3.3 below, by an electronic signature, which has the same value between the Parties, as a handwritten signature. These conditions apply to the exclusion of all other documentation.
These terms and conditions are valid beginning on June 5, 2012. However, the Tapia Beauty Group- Distributor of the SAMPAR brand – reserves the right to change the contents without advance notice. These changes will be applicable only to users who have read and accepted them when ordering.
3. Criteria for placing your order
All the products offered are for sale only to individuals. Companies, associations and all other for profit or non-profit organizations must contact Tapia Beauty Group. Products are marketed only to clients whose delivery address is located in the United States. All promotional offers will not be valid unless the following conditions are met: time limitations for the validity of the offer in question and availability of stock.
If one or more products are not available after your order is placed, you will be informed by mail within 48 hours. The amount of your order will be recalculated and you will be debited for the amount of the merchandise shipped. If your entire order is not available, you will be notified by mail and you will not be debited. In case of changes – cancellation, withdrawal – you may also contact our client service by telephoning 909.579.8240. If client service informs you that your order has already been shipped, you cannot cancel it; you may simply return the order to us it at your expense, in its original, unopened packaging. In accordance with Article L. 111-1 of the Consumer Code, we are hereby informing you that you must be aware of the nature of the SAMPAR products that you wish to order. The photographs, graphics and descriptions of the products offered for sale are for information only and are not binding upon the seller.
When the order is confirmed by clicking the “Purchase” button, the Buyer states that she has accepted the terms and conditions. When the order is placed, a detailed receipt containing all the items selected will be sent to the Buyer at the email address she has given. This receipt will specify the exact amount billed as well as the method of delivery. This receipt verifies that the order has been accepted and validates the transaction. The Buyer agrees that the Tapia Beauty Group order registration systems are proof of the nature of the agreement and its date. However, in case of a dispute with the Buyer, Tapia Beauty Group reserves the right to cancel any order and the Buyer’s payment. Tapia Beauty Group also reserves the right to cancel all orders that seem irregular – a large quantity of the same product, an abnormally high priced order, and orders placed in a currency other than the U.S. Dollar.
5. Prices of products on the site
The prices on the site are in U.S. Dollars only and include taxes – and may vary during the year. The prices billed are those in force on the day the order is placed. The product prices do not include shipping costs, but they will be shown in the shopping cart when the order is placed. Tapia Beauty Group may change the sale prices of the products at any time. The Buyer will be notified regarding changes before any order.
6. Secured payments
An encryption process secures data regarding personal information and bankcard payment methods. Payment information is never stored and is transmitted securely to our payment partner, Elavon. All orders are payable in US Dollars. The Buyer may use bankcards or e-checks on the Tapia Beauty Group site.
To pay for an order using a credit card, the Buyer must use one of the following: Visa, MasterCard and American Express. The Buyer guarantees Tapia Beauty Group that the Buyer is authorized to use the payment card selected, when the order was placed. In case of non-payment, Tapia Beauty Group will automatically cancel the order. Penalties equal to the legal interest rate plus 5 points – but not exceeding the attrition rate applicable on the date the dispute began – will automatically be applicable to amounts not paid beginning ten days after the invoice date or upon notification that the bank payment was rejected. If a payment for an order is delayed, delivery of any new order can be suspended notwithstanding these dispositions. To combat Internet fraud, the information regarding your order may be transmitted to a third party for verification. In order to ensure the security of payments made using bankcards, the Client will transmit the card security code (CVV) to Cybersource.
7. Order deliveries
The products will be delivered by Tapia Beauty Group to the address indicted by the Buyer in the order within the following timeframe: 5-7 business days
8. Product return and reimbursement
The Buyer may return products according to the following conditions: The products must be returned to Tapia Beauty Group in perfect condition to be resold, in their original condition, with the packaging unopened. The client is responsible for shipping fees for returns. Packages without postage or with insufficient postage will not be accepted. In case Tapia Beauty Group is responsible for an error in shipping the products or in case a product is defective, the Buyer will be reimbursed for fees for the return. Tapia Beauty Group will accept returns of any item purchased on manufacture defects only. The Buyer, according to Article L. 121-20 of the Consumer Code, must return the product within 5 days from the date of receipt. To return an item the Buyer must follow the instructions below: Use the original packaging to return the product.
Send the package to the following address:
Tapia Beauty Group
8333 Foothill Blvd., Ste. 128
Rancho Cucamonga, CA 91730
The Buyer is responsible for any risk linked to retuning the product. If the procedure and timeframes indicated above are not followed, the Buyer cannot make any claim that the products delivered do not conform or that they have any apparent defect, as they are then deemed to conform and to be free of any apparent defect. Within 15 days after receiving the returned order Tapia Beauty Group will send a check as reimbursement for any order that is cancelled.
9. Retention of ownership
Tapia Beauty Group retains full ownership of the products sold until the payment including fees and taxes is collected.
Tapia Beauty Group cannot be held responsible for breach of contract in case a product is out of stock or unavailable because of force majeure, disruption, a partial or complete postal service and shipping and/or communications strike. Tapia Beauty Group cannot be held responsible for any indirect damages that may occur as a result of purchasing the products. Tapia Beauty Group will not be held responsible for any loss of data or files. The Buyer is responsible for taking all necessary precautions.
Tapia Beauty Group is not responsible:
1. for any interruption of the site
2. for the occurrence of any viruses;
3. for any inaccuracies or omissions regarding the information available on this site;
4. for any damage resulting from fraudulent intrusion by a third party leading to the modification of information made available on the site.
5. for any direct or indirect damage in general, whatever the cause, origin, nature or consequences especially including costs that may arise from purchasing goods offered on the site, loss of profits, clientele, data or any other loss of goodwill that may arise from accessing the site or being unable to access the site or due to relying on any information coming directly or indirectly from the latter.
11. Intellectual property
In accordance with the laws governing literary, artistic and other similar rights, this Site and all the elements, brands, drawings, models, logos, graphics, etc. found in this Site as well as their compilation is the exclusive property of Tapia Beauty Group, the latter does not grant any license or any other right than that of viewing the Site. The reproduction or use of all or part of these elements is authorized solely for information purposes only for personal and private use; any reproduction or use of copies for other purposes is expressly prohibited. Any other use without the prior written consent of Tapia Beauty Group constitutes infringement and is punishable under the Intellectual Property Law.
12. Applicable law and competent jurisdiction
Sales of Tapia Beauty Group products are subject to United States law. In the absence of an amicable agreement, the Los Angeles Court will be the competent jurisdiction for any dispute regarding the interpretation, execution or breach of contract between Tapia Beauty Group and the Buyer, even when there is more than one defendant.
13. Marketing email
Tapia Beauty Group reserves the right to contact its client(s) via marketing email related to previous purchases.
14. Information and Freedom
The information collected by Tapia Beauty Group during any order placed by the Buyer is necessary for Tapia Beauty Group to manage the order. In accordance with the Data Protection Act No. 78-17 of 6 March 1978, the Buyer has the right to right to access, correct, oppose and remove data related to the Buyer at Tapia Beauty Group by writing to client service:
Tapia Beauty Group
8333 Foothill Blvd., Ste. 128
Rancho Cucamonga, CA 91730