Terms of Sale

This English version is provided for information only. The French version is the legally binding one and prevails in case of any discrepancy.

Article 1 – Purpose

These Terms of Sale (hereinafter the « Terms of Sale ») are intended to define the contractual conditions applicable to the sale of service(s) offered by the company GlamFinder (hereinafter « the Platform »), a company operating an online connection service in the beauty field.

For better readability, the articles of these Terms of Sale apply according to the following categories:

• Articles 1, 2, 3, 10, 11, 12, 13, 15, 16, 17, 18 and 19: provisions common to Clients and Pros;
• Articles 4, 5 and 7: provisions specific to Professionals (Pros);
• Articles 6, 8, 9 and 14: provisions specific to Clients.

The Platform allows:

• beauty professionals (hereinafter the « Pros ») to subscribe to subscriptions and paid services giving them, in particular, the possibility of creating an account, benefiting from visibility on the Platform and using booking and payment management tools,
• individual Clients (hereinafter the « Clients ») to search for, book and pay for services from the Pros listed on the Platform.

These Terms of Sale govern:

• the contractual relations between GlamFinder and the Pros in connection with the marketing and use of subscriptions and paid services (hereinafter « Pro Terms of Sale »),
• the contractual relations between GlamFinder and the Clients when booking and paying for the services provided by the Pros via the Platform (hereinafter « Client Terms of Sale »).

The Terms of Sale constitute, together with the Terms of Use (CGU) and the Privacy Policy, the contractual set applicable to the use of the Platform. They prevail over any other contradictory document, except with the express written agreement of GlamFinder.

Acceptance of these Terms of Sale entails acknowledgement by the Pro and/or the Client, as a contracting party, of having read and accepted all the rights and obligations set out therein.

Article 2 – Acceptance and enforceability of the Terms of Sale

2.1. Acceptance

Access to GlamFinder's services, whether as a Pro or as a Client, is subject to the prior, full and complete acceptance of these Terms of Sale.

This acceptance is evidenced by:

• for the Pros: ticking the box provided for this purpose when subscribing to a subscription or paid service on the Platform, or when paying an invoice, constitutes express and unreserved acknowledgement of these Terms of Sale,
• for the Clients: ticking the box provided for this purpose when booking and paying for a service on the Platform constitutes express and unreserved acknowledgement of these Terms of Sale.

2.2. Enforceability

These Terms of Sale are enforceable as soon as they are accepted electronically. They have contractual value and are binding on all parties.

GlamFinder reserves the right to modify the Terms of Sale at any time. The applicable Terms of Sale are those in force on the day of subscription or booking, as accepted by the Pro or the Client.

Any substantial modification will be subject to prior notification by any appropriate means (notification on the Platform, email, etc.). In the absence of termination by the Pro or the Client before the new provisions come into force, the latter will be deemed accepted.

2.3. Proof

The electronic records kept by the Platform (in particular connection logs, online acceptance, transaction histories) constitute proof of the contractual relationship and of the acceptance of these Terms of Sale by the Pro and/or the Client.

Article 3 – Services offered

3.1. Services offered to Pros

GlamFinder provides beauty professionals with paid services, including in particular:

• the creation and management of a professional profile visible on the Platform,
• the highlighting and promotion of their services to Clients,
• access to management tools (appointment calendar, messaging, notifications),
• the possibility of receiving and managing bookings for services,
• the secure management and processing of payments via the Stripe Connect provider,
• access to additional services that may be offered by GlamFinder (targeted advertising, Premium options, specific promotion).

The specific terms (features, prices, duration, termination conditions) are set out on the Platform and in GlamFinder's commercial documents.

3.2. Services offered to Clients

GlamFinder allows individual Clients to access the Platform free of charge in order to:

• search for listed professionals and consult their profiles,
• book online the services offered by the Pros,
• pay online the amount of the booked service via Stripe Connect,
• benefit from a personal area to track their bookings, payments and any cancellations.

3.3. Role of GlamFinder

• GlamFinder acts solely as a technical intermediary for connection and payment management.
• The service contract is concluded directly between the Client and the Pro.
• GlamFinder exercises no control over the qualification, availability, regulatory compliance or quality of the services provided by the Pros, who remain solely responsible for them.

3.4. Availability of the services

GlamFinder undertakes to implement all reasonable means to ensure the continuous availability of the Platform. However, the Platform may be temporarily suspended for maintenance, updates or cases of force majeure, without this engaging GlamFinder's liability.

Article 4 – Prices and payment terms

4.1. Prices applicable to Pros

4.1.1. Subscriptions and paid services

The Pros may subscribe to various subscriptions (Standard, Premium, etc.) or additional services offered on the Platform.

The applicable rates are those in force on the day of subscription and appear on the Platform or on any contractual medium communicated by GlamFinder.

4.1.2. Pricing

Prices are indicated in euros, exclusive of tax (HT) and inclusive of all taxes (TTC).

In the event of a change in the VAT rate or any other applicable tax, the price will be automatically adjusted without prior notice.

4.1.3. Invoicing and direct debits

• Subscriptions are invoiced by period (monthly, quarterly or annually, depending on the chosen plan).
• Payment is due in advance and is automatically debited via the payment provider Stripe Connect.
• The Pro authorizes GlamFinder to issue electronic invoices.

4.1.4. Late payment or non-payment

Any late payment automatically results, without prior formal notice, in:

• the application of late payment penalties calculated at the legal rate in force,
• a fixed recovery indemnity set at €40 (in accordance with article L.441-10 of the Commercial Code),
• the immediate suspension of the Pro's access to the Platform, until the situation is regularized.

GlamFinder reserves the right to terminate the subscription in the event of repeated non-payment.

4.2. Prices applicable to Clients

4.2.1. Price of the services

• The prices of the services are freely set by the Pros and displayed on their profile.
• These prices include all applicable taxes.
• GlamFinder may collect a commission included in the displayed price or added to the amount paid by the Client, depending on the business model indicated on the Platform.

4.2.2. Payment of the services

• The Client makes the payment online via the secure Stripe Connect solution.
• The amount paid by the Client is collected by GlamFinder, acting as a payment intermediary on behalf of the Pro.
• GlamFinder pays the Pro the corresponding amount, after deduction, where applicable, of the agreed commission, within the timeframes specified on the Platform (subject to validation by Stripe and by the Pro's bank). As of today, GlamFinder does not charge any additional commission; only Stripe payment fees apply.

4.2.3. Securing of payments

Payments are managed by the Stripe Connect provider, authorized as a payment institution. GlamFinder does not retain any banking data of the Pros or Clients.

4.2.4. Cancellation, refund and disputes

• The cancellation conditions are specified on the Platform or by the Pro.
• In the event of a compliant cancellation, the refund is made via the same payment method.
• GlamFinder acts solely as an intermediary and disclaims any liability in the event of a dispute between the Pro and the Client concerning the price or the quality of the service.

4.3. Price revisions

GlamFinder reserves the right to modify the applicable rates at any time:

• for the Pros: any price change will be notified at least 30 days before it comes into force. In the absence of termination before this date, the Pro is deemed to have accepted the new rates.
• for the Clients: the prices displayed at the time of booking prevail.

4.4. Binding force of payments

Any order (subscription, booking, additional service) placed on the Platform and duly accepted commits to full payment.

The Pro and the Client expressly acknowledge that ticking the box accepting the Terms of Sale and/or proceeding with payment constitutes an electronic signature within the meaning of article 1367 of the Civil Code, having the same value as a handwritten signature.

Article 5 – Duration, renewal and termination

5.1. Duration of Pro subscriptions

5.1.1. Initial subscription

The subscription taken out by the Pro takes effect from the date of validation of the payment.

It is concluded for an initial duration corresponding to the chosen plan (monthly, quarterly or annual).

5.1.2. Tacit renewal

At the end of the initial period, the subscription is automatically renewed for an identical duration, unless terminated by the Pro in accordance with article 5.2 below.

5.2. Termination by the Pro

5.2.1. Procedures

• The Pro may terminate their subscription at any time from their personal area.
• The termination takes effect at the end of the current subscription period.
• No prorata temporis refund will be made in the event of early termination.

5.2.2. Consequences

• The termination results in the deactivation of the Pro account and the removal of its visibility on the Platform.
• Bookings already confirmed by Clients before the termination date must be honored by the Pro.

5.3. Termination by GlamFinder

GlamFinder reserves the right to terminate a subscription, without notice or indemnity, in the event of:

• repeated non-payment despite reminders,
• serious or repeated breach of the Terms of Sale or the Terms of Use,
• fraudulent or deceitful behavior, or behavior harming the image of GlamFinder or the safety of Clients.

In this case, GlamFinder may immediately suspend the Pro's access to the Platform, without prejudice to any sums remaining due.

5.4. Client bookings

5.4.1. Duration

Each booking made by a Client constitutes a one-off contract between the Client and the Pro.

It ends after the full completion of the booked service.

5.4.2. Cancellation by the Client

The cancellation and refund conditions are specified on the Platform and/or defined by the Pro.

GlamFinder is not responsible for disputes related to cancellations, except when they fall within the management of the payment via Stripe.

5.4.3. Cancellation by the Pro

In the event of an unjustified cancellation of a service by the Pro, GlamFinder reserves the right:

• to refund the Client,
• to charge the Pro cancellation fees,
• and/or to temporarily or permanently suspend the Pro's account.

5.5. Effects of termination

The termination, whether it comes from the Pro, the Client or GlamFinder, does not call into question the enforceability of sums already invoiced.

Obligations entered into before the effective date of termination remain applicable until their full performance.

Article 6 – Right of withdrawal

6.1. Principle

In accordance with articles L.221-18 et seq. of the Consumer Code, the Client has a period of 14 calendar days from the confirmation of the booking to exercise their right of withdrawal, without having to justify reasons or pay penalties.

In the event of exercising the right of withdrawal within this period, the Client will be refunded the amount paid, in accordance with the procedures provided for in article 4.2.4.

6.2. Legal exceptions

The right of withdrawal does not apply to contracts relating to:

• the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express agreement and express waiver of their right of withdrawal (article L.221-28, 1° of the Consumer Code),
• services for accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period (article L.221-28, 12° of the Consumer Code).

Consequently, the Client acknowledges that any booking of a service made via the Platform constitutes a service scheduled on a specific date.

As a result, the right of withdrawal is in principle excluded, unless otherwise provided by the Pro in their cancellation conditions.

6.3. Procedures for exercising the right

To exercise their right of withdrawal (where applicable), the Client must notify their decision in a clear and unequivocal manner to GlamFinder before the expiry of the 14-day period, by email or via their user area.

A standard withdrawal form is made available to the Client on the Platform, in accordance with legal provisions.

Article 7 – Obligations of the Pros

7.1. Accuracy of information

The Pro undertakes to provide GlamFinder with accurate, complete and up-to-date information concerning their identity, their professional activity, their contact details, their diplomas and any certifications, as well as any information necessary for the creation and online publication of their profile on the Platform.

The Pro is solely responsible for the regular updating of this information.

7.2. Regulatory compliance

The Pro declares and guarantees:

• to be legally authorized to carry out their activity (diplomas, administrative authorizations, professional registration, etc.),
• to comply with all laws and regulations applicable to their activity (labor law, consumer law, hygiene and safety rules, tax and social obligations),
• to hold, where applicable, the necessary insurance covering their professional activity.

7.3. Quality and performance of the services

• The Pro undertakes to honor the services booked by Clients via the Platform, on the agreed dates and times.
• The Pro undertakes to provide services that comply with the professional standards of their profession and with the descriptions displayed on their profile.
• The Pro remains solely responsible for the quality and compliance of the services provided to Clients.

7.4. Management of bookings and cancellations

• The Pro undertakes to regularly update their availability and to confirm or refuse booking requests within the timeframes provided for on the Platform.
• In the event of an impediment, the Pro must inform the Client and GlamFinder without delay.
• Any unjustified or repeated cancellation may result in fees, sanctions or the suspension of the Pro's account by GlamFinder.

7.5. Tax and social obligations

The Pro is solely responsible:

• for the declaration and payment of their taxes, duties, social contributions or contributions applicable to their activity,
• for the issuance of any invoice to the Client, in accordance with the regulations in force.

Under no circumstances may GlamFinder be considered as the employer, agent or principal of the Pro.

7.6. Behavior and ethics

The Pro undertakes to adopt fair and respectful behavior towards Clients, other Pros and GlamFinder.

Any inappropriate, fraudulent, discriminatory, violent behavior or behavior harming the image of GlamFinder may result in the suspension or permanent deletion of their account, without notice or indemnity.

Article 8 – Obligations of the Clients

8.1. Accuracy of information

The Client undertakes to provide accurate and complete information when booking a service, in particular concerning their identity, their contact details and their means of payment.

8.2. Payment

• The Client undertakes to pay the full price of the services booked via the Platform, in accordance with the procedures provided for in article 4.
• Any payment is firm and final, subject to the cancellation conditions provided for in article 9.

8.3. Compliance with appointments

• The Client undertakes to honor the appointments booked with the Pros, on the agreed dates and times.
• In the event of an impediment, the Client must cancel the booking within the timeframes set by the Pro or by the Platform.

8.4. No-show (unjustified absence)

• In the event of an unjustified absence of the Client at a booked appointment (« no-show »), the amount paid may be retained in full by the Pro and will not give rise to any refund.
• GlamFinder reserves the right, in the event of repeated no-shows, to temporarily or permanently restrict the Client's access to the Platform.

8.5. Behavior

The Client undertakes to adopt respectful behavior towards the Pros and not to disrupt the proper running of the services. Any abusive, fraudulent behavior or behavior harming the image of GlamFinder may result in the suspension or deletion of their account, without prejudice to any legal proceedings.

Article 9 – Cancellation, refund and no-show policy

9.1. Cancellation by the Client

• The Client may cancel a booking directly via the Platform, within the timeframes defined by the Pro or, failing that, by GlamFinder's standard policy.
• In the event of a cancellation made within the authorized timeframes, the amount paid will be fully refunded to the Client, after deduction, where applicable, of bank transaction fees.
• In the event of a late cancellation, the Pro may retain all or part of the price paid, according to the conditions specified on their profile.

9.2. Cancellation by the Pro

• The Pro must avoid any unjustified cancellation of a booked service.
• In the event of a cancellation by the Pro, GlamFinder may make a full refund to the Client.
• GlamFinder reserves the right to apply cancellation fees to the Pro, or to suspend their account in the event of repeated cancellations.

9.3. No-show (absence of the Client at the appointment)

• In the event of an unjustified absence of the Client at the appointment (« no-show »), the amount paid will remain acquired by the Pro and no refund will be made.
• Repeated no-shows may result in the suspension or permanent deactivation of the Client's account.

9.4. Refunds – procedures

• Refunds are made by GlamFinder via the same payment method as the one used when booking, after validation by Stripe Connect.
• Refund timeframes depend on banking circuits and cannot be attributed to GlamFinder.
• GlamFinder is not required to refund the Client directly outside the secure Stripe Connect process.

9.5. Disputes relating to cancellations and refunds

• Any dispute concerning a cancellation or a refund must be addressed as a priority to the Pro concerned.
• GlamFinder acts as a technical intermediary and cannot be held liable in the event of a dispute concerning the quality or content of the cancelled service.
• In the event of manifest fraud or a persistent dispute, GlamFinder reserves the right to intervene to decide and, where applicable, to proceed with a refund or a deduction from the sums due to the Pro.

Article 10 – Role and liability of GlamFinder

10.1. Role of intermediary

• GlamFinder is an online platform connecting Clients and Pros.
• As such, GlamFinder is neither a provider of beauty services, nor an employer, nor an agent of the Pros.
• The services booked via the Platform are provided exclusively by the Pros, who assume full responsibility for them.

10.2. Absence of liability regarding the services

GlamFinder does not guarantee the quality, compliance, availability or legality of the services offered by the Pros.

The Pros remain solely responsible:

• for the accuracy and lawfulness of the information published on their profiles,
• for obtaining and maintaining all authorizations, diplomas, insurance and registrations necessary for carrying out their activity,
• for compliance with the tax, social and legal obligations related to their professional status.

10.3. Liability of GlamFinder – limits

GlamFinder's liability can only be engaged in the event of proven fault, and is strictly limited to the amount of the sums received by GlamFinder in respect of the transaction concerned, or to the amount of the subscription paid by the Pro over the last twelve months.

Under no circumstances may GlamFinder be held liable for:

• indirect or intangible damages (loss of turnover, loss of reputation, loss of data, etc.),
• delays, cancellations or absences attributable to Clients or Pros,
• disputes between Clients and Pros relating to the services, their performance, their quality or their price.

10.4. Security and availability of the Platform

GlamFinder undertakes to implement reasonable means to ensure the continuous availability of the Platform.

However, GlamFinder does not guarantee the absence of interruptions, breakdowns, technical errors or maintenance that may temporarily limit access to the services.

GlamFinder cannot be held liable for interruptions or disruptions related to:

• maintenance operations,
• cases of force majeure,
• or failures of the internet network or external technical providers (including Stripe Connect).

10.5. Force majeure and acts of third parties

GlamFinder cannot be held liable in the event of non-performance of its obligations resulting from a case of force majeure as defined by French law and case law.

GlamFinder cannot be held responsible for failures attributable to external technical providers, in particular Stripe Connect for payment management.

Article 11 – Intellectual property

11.1. Rights of GlamFinder

The Platform, as well as all of its constituent and associated elements (in particular its source code, its structure, its design, its databases, its texts, images, logos, trademarks, graphic charters, software, features and content created by GlamFinder), are the exclusive property of GlamFinder and are protected by national and international legislation relating to intellectual property.

Any reproduction, representation, modification, adaptation, translation, extraction, reuse or distribution of all or part of the Platform or its content, by any process whatsoever and on any medium whatsoever, without the prior written authorization of GlamFinder, is strictly prohibited and may give rise to legal proceedings.

11.2. Rights granted to the Pros

By publishing content (photos, videos, texts, descriptions, prices, trademarks, etc.) on the Platform, the Pro remains the holder of the related intellectual property rights.

However, the Pro grants GlamFinder, on a non-exclusive, free, worldwide basis and for the entire duration of the online publication of their profile, a license to use this content for the sole purposes of operating the Platform and promoting its services.

This license includes the right for GlamFinder:

• to reproduce, represent, adapt and distribute the content published by the Pro on any digital or printed medium related to the promotion of the Platform,
• to communicate it to the Clients and users of the Platform.

11.3. Warranties of the Pro

• The Pro guarantees to GlamFinder that the content published on the Platform is original, lawful, compliant with applicable regulations and does not infringe the rights of third parties (copyright, trademarks, image rights, etc.).
• The Pro indemnifies GlamFinder against any claim, action or recourse by a third party relating to the published content.

11.4. Absence of transfer of rights

No provision of these Terms of Sale may be interpreted as transferring to the Pro or the Client any intellectual property right over the Platform or its elements.

The use of the Platform only confers on the Pros and the Clients a personal, non-exclusive, non-assignable and non-transferable right of access and use, in accordance with these Terms of Sale and the Terms of Use.

Article 12 – Personal data and GDPR

12.1. Processing of data

As part of the performance of these Terms of Sale, GlamFinder is required to collect and process personal data concerning:

• the Pros, when creating and managing their professional account, subscribing to subscriptions, using the management tools and processing payments,
• the Clients, when creating their account, booking services, paying online and managing their relationship with the Pros.

These processing operations are carried out in accordance with the applicable regulations, and in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the amended French Data Protection Act no. 78-17 of 6 January 1978.

12.2. Purposes

The personal data collected by GlamFinder are necessary for:

• the creation, management and use of Pro and Client accounts,
• the management of subscriptions, bookings and payments,
• the connection between Clients and Pros,
• the prevention of fraud and abuse,
• compliance with GlamFinder's legal and regulatory obligations,
• the improvement of services and the sending of commercial or promotional communications (subject to the required consent).

12.3. Recipients and subcontractors

Personal data may be transmitted:

• to the Pros, in connection with the bookings made by Clients,
• to GlamFinder's technical providers (in particular Stripe Connect for payments),
• to administrative or judicial authorities, in the event of a legal obligation.

GlamFinder undertakes never to transfer or sell personal data to third parties for commercial purposes.

12.4. Retention period

The data are kept only for the time necessary to achieve the purposes for which they were collected, and in accordance with legal retention obligations (in particular in tax and accounting matters).

12.5. Rights of users

In accordance with the applicable regulations, any data subject has:

• a right of access, rectification, erasure, restriction of processing, portability and objection,
• the right to withdraw their consent at any time for processing based on consent,
• the right to lodge a complaint with the CNIL.

These rights may be exercised by sending a written request to legal@glamfinder.fr.

12.6. Privacy Policy

The detailed procedures for processing personal data are available in GlamFinder's Privacy Policy, which forms an integral part of these Terms of Sale.

Article 13 – Fight against fraud, verifications and Stripe payments

13.1. Use of Stripe Connect

Payments made on the Platform (by Clients to pay for a service, and by Pros to pay for their subscription) are processed via the Stripe Connect provider, an authorized payment institution.

By using GlamFinder's services, the Pros and the Clients expressly agree to be bound by Stripe's terms and conditions, available at https://stripe.com.

13.2. Identity verification (KYC)

In accordance with the regulations relating to the fight against money laundering and the financing of terrorism (LCB-FT), Stripe and GlamFinder may be required to ask the Pros to provide identity documents and supporting documents (e.g.: identity document, Kbis extract, bank details).

Failure to provide the requested documents may result in the suspension or termination of the Pro's account, as well as the blocking of pending payments.

13.3. Fraud prevention and security

GlamFinder reserves the right to set up all the control measures necessary to prevent fraud, in particular the verification of payment methods and the monitoring of suspicious behavior.

In the event of suspected fraud (fraudulent payment, identity theft, misuse of a bank card), GlamFinder may temporarily or permanently suspend the account of the Pro or the Client, without prejudice to any legal proceedings.

13.4. Chargebacks and unpaid amounts

• In the event of a payment dispute by a Client (chargeback, bank objection), GlamFinder may block the corresponding funds, until Stripe rules on the dispute.
• If the dispute is found to be justified, the amount will be debited from the Pro's account, even if it has already been paid out.
• The Pro undertakes to refund GlamFinder any sum unduly received, increased by any management fees and bank fees related to the chargeback.

13.5. Blocking and suspension of payments

GlamFinder and/or Stripe reserve the right to temporarily block any payment in the following cases:

• suspicion of fraud, money laundering or financing of terrorism,
• inconsistency or absence of KYC supporting documents,
• ongoing dispute with a Client or a Pro,
• injunction from an administrative or judicial authority.

13.6. Limitation of liability of GlamFinder

GlamFinder cannot be held liable for:

• processing or payout timeframes for funds attributable to Stripe or banking institutions,
• refusals of payment or refund decided by Stripe,
• financial losses suffered by the Pro in the event of Client fraud or chargeback, except in the event of gross negligence directly attributable to GlamFinder.

Article 14 – Customer service, complaints and consumer mediation

14.1. Customer service

For any question or complaint relating to GlamFinder services, the Client or the Pro may contact customer service:

• by email: support@glamfinder.fr
• by postal mail: GlamFinder – Service Client, 15 Chemin De Halage, 95620 Parmain, France

Customer service will endeavor to respond within 15 working days from the receipt of the request.

14.2. Complaints

• Any complaint relating to a booking, a cancellation or a payment must be made as a priority via GlamFinder's customer service, in order to allow an amicable resolution.
• Disputes relating to the quality or performance of a service must be addressed directly to the Pro concerned, GlamFinder acting only as a technical intermediary.

14.3. Consumer mediation

In accordance with article L.612-1 of the Consumer Code, the consumer Client has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute between them and GlamFinder.

The competent mediator is:

CNPM - MÉDIATION – CONSOMMATION
27, avenue de la Libération – 42400 SAINT-CHAMOND.
https://cnpm-mediation-consommation.eu

The Client may also file a complaint on the European online dispute resolution platform (ODR), accessible at the following address:

👉 https://ec.europa.eu/consumers/odr

14.4. Mandatory prerequisite

Before any referral to the mediator, the Client must have attempted to resolve the dispute directly with GlamFinder, via customer service.

Article 15 – Force majeure

15.1. Definition

A case of force majeure is any event beyond the control of the parties, which could not reasonably be foreseen at the conclusion of the contract, and whose effects cannot be avoided by appropriate measures, within the meaning of article 1218 of the Civil Code.

The following are notably considered as cases of force majeure, without this list being exhaustive:

• natural disasters, fires, floods, storms,
• pandemics, epidemics, health crises,
• total or partial strikes, internal or external, lock-outs,
• power cuts, large-scale server or Internet outages,
• massive cyberattacks,
• wars, attacks, riots, social unrest,
• governmental or regulatory decisions preventing the performance of the contract.

15.2. Effects

In the event of the occurrence of a case of force majeure:

• the performance of the parties' obligations is suspended for the entire duration of the event,
• neither party may engage the liability of the other for non-performance or delay in performance,
• if the duration of the impediment exceeds 60 consecutive days, either party may terminate the contract as of right, without indemnity or damages, by written notification to the other party.

15.3. Specificity for GlamFinder

GlamFinder may under no circumstances be held liable for interruptions or malfunctions of the Platform resulting from a case of force majeure or any event beyond its control.

Article 16 – Modification of the Terms of Sale

16.1. Right of modification

GlamFinder reserves the right to modify these Terms of Sale at any time in order to adapt them to legal, regulatory, technical, organizational or commercial developments of the Platform.

16.2. Notification

Any substantial modification of the Terms of Sale will be notified to the Pros and Clients by any appropriate means (notification via the Platform, email, publication on the website).

16.3. Enforceability

• For the Pros: the new Terms of Sale will apply as soon as they are published and at the latest at the next subscription due date. In the absence of termination before this date, the Pro is deemed to have accepted the new Terms of Sale.
• For the Clients: the new Terms of Sale apply immediately to any new booking made after they come into force.

16.4. Applicable version

The enforceable version of the Terms of Sale is the one in force and accessible online at the time of subscription (for the Pros) or of booking (for the Clients).

Article 17 – Miscellaneous provisions

17.1. Partial nullity

If one or more stipulations of these Terms of Sale were held to be invalid, illegal or declared null, the other stipulations will retain their full force and scope.

The parties undertake, where applicable, to replace the invalidated clause with a valid clause coming as close as possible to the initial intention.

17.2. Non-waiver

The fact that GlamFinder does not avail itself at a given time of any of the stipulations of these Terms of Sale cannot be interpreted as a waiver of the right to avail itself of them subsequently.

17.3. Assignment of the contract

• The Pro and the Client may not assign or transfer all or part of their rights and obligations resulting from these Terms of Sale without the prior written agreement of GlamFinder.
• GlamFinder reserves the right to freely assign all or part of its rights and obligations to any company of its choice, in particular in the event of restructuring, merger, acquisition or transfer of business.

17.4. Subcontracting

GlamFinder reserves the right to use subcontractors for the performance of all or part of its contractual obligations. In this case, GlamFinder remains solely responsible towards the Pros and Clients.

Article 18 – Applicable law and competent jurisdiction

18.1. Applicable law

These Terms of Sale are governed by and interpreted in accordance with French law, to the exclusion of any other legislation.

18.2. Language

In the event of translation of these Terms of Sale into one or more foreign languages, only the French version shall prevail in the event of a dispute.

18.3. Competent jurisdiction

• For disputes between GlamFinder and a Pro (B2B relationship): exclusive jurisdiction is attributed to the competent courts within the jurisdiction of GlamFinder's registered office, namely the courts of Pontoise (France).
• For disputes between GlamFinder and a consumer Client (B2C relationship): in accordance with the rules of the Consumer Code, the Client may bring the matter either before one of the territorially competent courts under the Code of Civil Procedure, or before the court of the place where they resided at the time of the conclusion of the contract or of the occurrence of the damaging event.

Article 19 – Evidence agreement and electronic signature

19.1. Electronic proof

The electronic records kept in the computer systems of GlamFinder and its providers (in particular connection logs, browsing histories, emails, click records, Stripe Connect data) shall prevail between the parties and shall constitute admissible, valid and enforceable evidence.

19.2. Electronic signature

The fact, for the Pro or the Client, of ticking a box when subscribing to a subscription, booking a service, or making an online payment constitutes express and unreserved acceptance of these Terms of Sale.

This action constitutes an electronic signature within the meaning of article 1367 of the Civil Code, having the same value as a handwritten signature.

19.3. Archiving

GlamFinder ensures the secure archiving of electronic contracts and transactions in accordance with legal requirements. These documents may be produced in the event of a dispute as proof of the reality of the contractual commitments.