Terms & Conditions of Use
This is a summary of our Terms of Service, it does not replace reading the full version below.
The Services you may purchase or book on the Site or the App are sold by the Providers and not by Wiara Beauty. Wiara Beauty acts only as an intermediary and is responsible for the connection between Providers and Customers.
The contract for the Services is concluded directly between the Customer and the respective Partner. Wiara Beauty is not responsible for the Service delivered by the Providers. However, the Customer can always inform Wiara Beauty in case of problems or if the rendered Service does not meet the requirements that can be expected from such Service. Wiara Beauty undertakes in this case to assist the User as best as possible in order to find a favorable resolution to the problem.
Please check all details and restrictions relating to a Service before making a Booking.
Customer must ensure that they inform the Provider of all medical and health-related information prior to each appointment.
Wiara Beauty reserves the right to deactivate a User's Account in the event of a breach of these Terms and Conditions and/or in the event that the User acts in an inappropriate, abusive or unacceptable manner towards the Service, a Customer or a Provider whether by telephone, email or in person.
A Customer wishing to cancel or modify a Reservation may do so only as provided in these Terms and Conditions by using his or her Account on the Website or the Application; by following the link in your Order Confirmation email; or directly with the Provider.
You may cancel a Booking subject to compliance with the cancellation and deposit recovery conditions provided by the Professional on his profile. If they are respected, we can proceed to a full refund. On the other hand, if the appointment is scheduled within the next 24 hours or 48 hours maximum, the deposit of an amount provided by the Provider will not be refunded.
Article 1 - Identification
Wiara Beauty (hereinafter Wiara Beauty ), SAS with a capital of 61 000 euros, whose head office is located at 177 rue du faubourg poissonnière, 75009 Paris, registered under the number 885119370 at the RCS of Paris and whose VAT number is FR00885119370, is the owner of the website www.iarabeauty.com.
The Site is hosted by OVH. It is accessible from the URL www.iarabeauty.com.
Article 2 - Definitions
Application: means the mobile application available on Android and iOS that allows the connection between Customers and Providers. Wiara Beauty is the owner of the Application.
Customer(s): means the person(s) using the Site and/or the Application to order a Service from a Provider or to discover the content shared by other Users.
Terms and Conditions: refers to the present general terms and conditions of use of the Website.
Account: refers to a User's account created when registering on the Website or the Application including the Content inserted by the User.
Content: elements and information inserted on behalf of the Users on the Site. Each User remains the owner and responsible for the Content inserted on his Account.
Provider(s): any professional wishing to be registered on the Site or the Application in order to be able to offer their services to consumers and benefit from the services offered by the Site or the Application.
Service(s): means the services provided by the Providers on the Site or the Application.
Reservation(s): refers to an appointment between a Service Provider and a Client in order to carry out a Service decided beforehand by the Client.
Service: means the service of connecting Customers and Service Providers performed by Wiara Beauty via the Application or the Site.
Site: refers to the Wiara Beauty website which allows the connection between Customers and Service Providers. Wiara Beauty is the owner of the Site.
Stripe: third party online payment service.
Fee(s): means the fees charged by the Service Provider.
User: any person who has an Account, this term includes both Providers and Customers.
Article 3 - Purpose
Wiara Beauty is an online hosting service acting as an intermediary that offers Users a virtual exchange space, namely the Site and the Application, a systematized catalog and a news feed. The Providers have the possibility to sell Services to Customers, to reference their Services on the appropriate catalog of the Website and the Application, to use the online payment service, to communicate by sending private messages, to share their Content and to use other complementary services offered on the Website.
The Service also allows Customers to locate Providers on a map, access their profile, make a reservation online, and in some cases pay for the service online.
Wiara Beauty is in no way a party to the contract between the Provider and the Customer. Wiara Beauty is not responsible for the consequences of the contractual relationship between the Provider and the Customer.
Article 4 - Access to the Site
Access to the Site requires the User to have an internet access. All the costs necessary for the equipment and the connection to the Internet are at the entire charge of the User. The User declares that he/she is aware of the characteristics and limits of the Internet as described below:
That data transmissions over the internet are only relatively reliable and that no one can guarantee the proper functioning of the internet;
That Wiara Beauty has taken important measures to secure access to the Service, but that data circulating on the Internet can be subject to misappropriation, and that therefore the communication of passwords, confidential codes, and more generally, of any information of a sensitive nature is carried out by the User at his own risk;
That the Internet is an open network and that the information transmitted by this means is not protected against the risks of detour, fraudulent, malicious or unauthorized intrusion into the Users information system, hacking, alteration or unauthorized extraction of data, modifications, malicious alterations of programs or files or contamination by computer viruses. That it is therefore up to the User to take all appropriate measures to protect his own data and/or software stored on his servers from contamination by viruses as well as from attempts by third parties to intrude into his computer system via the access service.
As a consequence of the above, and in full knowledge of the characteristics of the Internet, Wiara Beauty declines all responsibility in case of occurrence of one of the above mentioned facts that would not be the direct consequence of a fault on the part of Wiara Beauty.
The Services are not intended for minors. For minors, a parent or guardian must register to use the Services and supervise the minor's use of the Services.
Wiara Beauty reserves the right to suspend momentarily or permanently, at any time, access to the Site or the Application to all Users in case of maintenance, emergency, technical problems and for any other reason.
Article 5 - Registration
5.1 Obligation of information
The User acknowledges having verified the suitability of the Service to his needs and having received all the information and advice necessary to register in full knowledge of the facts.
For the purpose of transparency, improvement of trust, or prevention or detection of fraud, Wiara Beauty reserves the right to proceed to any verification and to ask the User to provide any useful document to justify the information provided during registration.
Registration to the Service is valid for an indefinite period of time, the User may terminate the use of the Site at any time, with effect from the end of the billing period for the Provider. There is no refund or credit for partial months or years. The Parties are bound by these Terms and Conditions from the date of acceptance by the User, upon creation of his account.
5.3 Customer Registration
In order to create an account, the Customer must be 15 years old. He acknowledges that he is registering on his own behalf and for his own account.
The Customer must provide Wiara Beauty with all requested information and documents. The customer is solely responsible for the accuracy of the information and documents provided, including the bank account information provided to Wiara Beauty. The bank details are used for the payment of the final price, subscription fees and commissions.
In any case, regardless of the chosen method of payment, in the absence of payment at the end of the Service, and of regularization within twenty-four hours following the end of the Service, the amount will be automatically debited from the bank account that he/she will have filled in at the time of his/her registration on the Application.
When creating an account, the Client must provide the following information: cell phone number, first name, last name, email address, password and identity card (only in cases where the total earnings from sponsorships exceed the sum of €1000).
When registering on the Site, the Customer must indicate his username (pseudonym), email address and password (expressly or via his Facebook or Google profile), which allows the Site to identify the Customer each time he accesses the Site. Only the username is visible to other Users.
5.4 Provider Registration
In order to create an account, the Provider must have the capacity to contract (adult, capable). He acknowledges that he is registering in his own name and for his own professional account.
The registration to the Service is done directly by the Provider.
When creating an account, the Provider must provide the documents necessary for identification as well as those describing his qualification and his ability to provide the Services. The account can only be used by the registered Provider. Access to the account is done by means of identifiers and passwords which are strictly personal and confidential. The Provider undertakes to keep them secret and not to disclose them.
In case of loss or theft of the username or password, the Provider must notify Wiara Beauty without delay.
The Provider certifies that the information about him/her is accurate and undertakes to keep it up to date via his/her account.
The Provider agrees to personally use the Services and not to allow any third party to use the Services in his place or on his behalf.
The free trial period starts only once the profile is online, i.e. once the professional profile is validated by our team. After validation, the Professional must choose the Wiara Beauty package he/she wants to subscribe to.
The Service Provider authorizes in advance his bank to debit his bank account with the amount shown on the statements sent by Wiara Beauty, corresponding to the receipt at the end of the Service.
The Provider will be able to benefit from the online payment method when he/she has provided the additional information requested when modifying the profile. Once the Provider's information has been verified, a purple badge will appear next to the Provider's username, allowing the Provider to take online payments. Providers who have not been verified can take reservations but cannot take payments through the Application.
Article 6 - Referrals
Provider Referral: Users can earn a commission by referring a Provider before his registration. This commission is only paid if the new Provider is validated by Wiara Beauty. After validation, this commission will appear in the virtual wallet of the User who referred the new Provider.
Referral Fee: A sponsoring Customer identifies on a publication the Provider or the Service that appears there, a second Customer books a Service from this publication. In order for the booking to be eligible for a commission, two cumulative conditions must be met:
It must be the very first connection between the Customer and the Provider generated by the publication issued by a sponsoring Customer.
This first connection between the Provider and the Customer must result in a service validated in the application by the Provider. The service is validated if it leads to an effective appointment.
Once the conditions 1) and 2) above are met, the commission is automatically transferred to the virtual wallet of the sponsoring Customer.
The amount of the referral commission is determined according to the amount of the validated service and is generally located between 5 and 10% of the amount of the validated service within the limit of 15€.
Article 7 - Referral of Services
The Provider must ensure that its Services comply with the rules of the Catalog.
The Provider, when referencing a Service on the Catalog, must fill in the questionnaire related to the referencing of the Service. The Service Provider must describe the Service as precisely as possible, indicate any precautions, state the duration and define the price of the Service.
The Provider, when offering the Service, declares that the Service conforms to the description provided by the Provider and that the description is complete. The addition of Services on the Provider's profile is subject to the subscription of a Professional.
The quantity of Services referenced on a Provider's Profile is unlimited. It is forbidden to reference the same Services more than once on the Provider's Profile.
The listing of a Service in the Catalog constitutes an offer to sell said Service by the Provider, which may be accepted by a Customer.
Article 8 - Online payment functionality
All fees are expressed in Euros (EUR), all taxes included.
Some Service Providers allow to pay directly online. This is done through the service offered by Stripe, as a subcontractor of Wiara Beauty. In case of online payment by the User, the User has to communicate his bank details, which will be processed by Wiara Beauty and Stripe, for the sole purpose of managing the payment of the booked service.
The Customer may choose not to use the online payment service. The Service Provider and the Customer are then solely responsible for the organization and the consequences of the Service, without being able to rely on Wiara Beauty's assistance in this respect. They are also responsible for the payment.
In the case of a transaction made with the payment service, the Customer's payment is made by bank or virtual card, or any other means of payment that may be introduced in the future, on the integrated payment interface of the Site and the Application. If the integrated payment system is not used, the payment is made, at the Provider's choice, directly on site. The Provider will only receive the money once the service is completed.
In case of any suspicion of fraud by a User, Wiara Beauty will immediately suspend the account of the User concerned and the transactions in progress pending the results of the investigation.
If the Customer chooses the online payment service, he is deemed to have accepted the Provider's offer when he clicks on "confirm and pay" on the payment page. The Customer acknowledges that his acceptance of the offer is made in consideration of the description of the Service and that it constitutes a firm commitment to contract with the Provider under the terms of the offer.
The transaction is completed when the Customer confirms to Wiara Beauty that the Service meets the terms of the offer or after the expiration of the protest period or after the resolution of a dispute, if any. Upon completion of the transaction, the funds will be immediately transferred to the Provider's e-wallet. The funds available in the User's e-wallet may be transferred to the User's personal bank account at any time, without any transfer fee and for any amount. The funds available in the e-wallet can be used to make purchases on Wiara Beauty from other Providers.
Upon completion of the Service, a rating page will appear on the Provider's and Customer's account. This page allows to confirm that the Service has been performed, but also to make sure that it has been performed correctly: the Provider can leave a review to the Customer but this review will not be visible on the Customer's profile but only visible by Wiara Beauty. The Service Provider may insert photos of the Service (which she may choose to publish on her profile or not). These photos will be used by Wiara Beauty in case of dispute between the Professional and the Customer. Once this page is validated, the Professional receives her money (or the amount of her deposit).
In case of a problem reported by Stripe, Wiara Beauty will immediately suspend the account of the concerned User as well as the transactions in progress while waiting for the results of the investigation.
Article 9 - Wiara Beauty protection
The Wiara Beauty protection comes into play during an online payment through the Site or the Application, allowing Wiara Beauty to intervene in case of dispute (dispute settlement), to reimburse your service in case of problem (reimbursement policy) and to ensure a secure online payment.
The Customer who uses the online payment service may be entitled to a refund under the Wiara Beauty protection if the conditions mentioned below are met.
If the Service does not substantially conform to the description provided by the Provider, the Customer must inform Wiara Beauty within 24 hours of the appointment date via the rating page available at the end of the Service. This will suspend the transaction. In the first instance, the Provider and the Customer have the right to resolve the situation by themselves and to inform Wiara Beauty of their joint decision. In this case Wiara Beauty commits itself to comply with this decision and to proceed to the payment of the full price to the Provider or to refund the Customer. In case the Provider and the Customer do not reach an agreement directly, or do not wish to settle the situation directly, either the Customer or the Provider can report the problem to Wiara Beauty. After Wiara Beauty has reviewed the situation and in the event that Wiara Beauty considers that the Service is indeed not substantially in accordance with the description in the ad, Wiara Beauty will cancel the transaction by requesting the third party financial services provider managing the escrow account to make the refund. Customer will be refunded the full purchase price, without the Wiara Beauty protection amount.
If the Customer has not received the Service, the Customer must inform Wiara Beauty by reporting the problem via the button that suspends the transaction within 24 hours after the date mentioned to the Provider on which the Service was scheduled.
If a Service Provider does not contact Wiara Beauty within 24 hours or confirm on the Site that the Service received was satisfactory, the transaction is deemed completed and the Customer's protection ends. In this case, the Customer will not be entitled to any refund from Wiara Beauty.
In case the Service is as described by the Provider, the Customer will not have the right to request a refund through Wiara Beauty. After the transaction is closed and the escrow amount is transferred to the Service Provider, the Customer may try to negotiate directly with the Service Provider to reach a settlement. Please note that in this case, the Provider may also refuse to cooperate with the Customer on the grounds that the transaction has been honored by the Provider.
If the Customer does not use the online payment service:
In this case, Wiara Beauty does not collect the fees related to Wiara Beauty protection but does not guarantee the security of the payments made. Wiara Beauty does not provide support to the Customer or the Service Provider. The Customer and the Service Provider define the terms and conditions of the transaction between themselves and remain solely responsible for the successful completion of the transaction.
Article 10 - User's obligations
10.1 Use of the Service
The Customer agrees not to use the Service for any purpose other than those specified in these Terms and Conditions, and in particular not to use it for professional, commercial or illegal purposes.
The Service offers a search engine to find Providers by type of service, nickname and geographical area.
Once the Provider is selected, the Customer chooses a Service, then a reservation slot for the selected Service.
If the Customer is unable to attend the appointment, it is possible to cancel the reservation, under the conditions provided by the Provider's General Terms of Service.
The User is solely responsible for his or her use of the Services and in particular for the relationships that he or she may establish with other Users and the information that he or she communicates to them in the context of the Services. It is the User's responsibility to exercise due care and discretion in these relationships and communications. The User also agrees to act in good faith in his dealings with other Users.
10.2 Payment of the Service
A confirmation of the Service is sent by email when the payment is made through the Website or the Application. Otherwise, an invoice will be issued by the Provider at the time of payment on site.
The Service is only a means to connect Users. Neither Wiara Beauty nor its subcontractors are involved in the contractual relationship between the Customer and the Service Provider. The price of the Service is therefore set by the Provider. The price of the Service shall be paid by the Customer:
Either on the day of the Service, directly to the Provider;
Or at the time of booking if online payment is possible.
In this second case, the payment is made by credit card at the time of the validation of the appointment. The payment is secured and Stripe's Terms of Service apply when using this payment method.
Customers are informed that a right of withdrawal applies in principle to contracts for the provision of services concluded at a distance between a professional and a consumer, this right being to be exercised within fourteen (14) days from the conclusion of the contract. However, they are expressly informed and agree that the Services will be provided to them as soon as they register and will thus be fully executed before the end of the withdrawal period mentioned above. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, in accordance with Article L.121-21-8 of the Consumer Code.
Any other condition of cancellation or modification of the order will be subject to the Provider's General Conditions of Service.
10.3 Respect of Wiara Beauty's property rights
Unless otherwise stated, the elements accessible on the Site such as databases, management tools, texts and more generally all information made available to the User are the full, complete and exclusive property of Wiara Beauty.
The User shall not in particular:
Copy or reproduce, decompile, in whole or in part the Site or the Application by any means and in any form;
To use the Site or the Application other than in accordance with the strictly interpreted stipulations of these GCU;
To extract by temporary or permanent transfer, or to use by making available to the public, all or a substantial part in quantitative or qualitative terms of the Site or the Application and other databases visible on the Site or the Application, whether for commercial or other purposes;
repeatedly and systematically extract or use all or part of the information visible on the Site or the Application, when such an operation clearly exceeds a normal and private use of the service offered by Wiara Beauty;
Exploit, market or distribute any component of the Site or the Application, including but not limited to the information visible on the Site or the Application and any other database;
Use software or manual processes to copy Wiara Beauty's web pages or to store or collect information on those pages without Wiara Beauty's express prior written consent;
Use any device or software to interfere or attempt to interfere with the proper working of the Service; or take any action that imposes a disproportionately large load on its infrastructure.
The User's Registration only grants him/her a personal, non-transferable and non-exclusive right of private use.
It is strictly forbidden to use the Services for the following purposes
- carrying out illegal, fraudulent activities or activities that infringe on the rights or safety of third parties - infringing on public order or violating laws and regulations in force,
- intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
- sending unsolicited emails and/or commercial solicitations,
- manipulations intended to improve the referencing of an application or a third party site
- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above and more generally any practice diverting the Services to purposes other than those for which they were designed.
It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of Wiara Beauty. In particular, it is forbidden to insert on a mirror site any part of Wiara Beauty without prior written consent of Wiara Beauty, or to use any meta tag or code or other device containing any reference to Wiara Beauty in order to direct a person to another application or website, for whatever reason.
The following are also strictly prohibited
- any behavior that interrupts, suspends, slows down or prevents the continuity of the Services - any intrusion or attempted intrusion into Wiara Beauty's systems
- any misuse of Wiara Beauty's system resources or of the Site
- any actions that impose a disproportionate burden on the infrastructure of the latter
- any breach of security and authentication measures
- any act that may harm the financial, commercial or moral rights and interests of Wiara Beauty or the users of its Application, and more generally any breach of the present general conditions
It is strictly forbidden to monetize, sell or license all or part of the access to the Services or to Wiara Beauty and to the information hosted and/or shared therein.
Wiara Beauty expressly reserves all rights in the www.iarabeauty.com domain name and related domains and subdomains, the Wiara Beauty name, logo, service marks, trade names and/or trademarks. Other trademarks, products and company names mentioned on the Site or the Application may be trademarks of their respective owners or licensors and the rights to such trademarks are reserved to their respective owners or licensors.
Article 11 - Liability of Wiara Beauty
As an intermediary between the Customer and the Service Provider, Wiara Beauty cannot be held responsible for any fact or event occurring during the performance of the Service.
Wiara Beauty cannot be held responsible for any problem during the payment process, whether it takes place online or directly with the Service Provider.
11.2 Responsibility during the Service
The Customer agrees to honor his commitment to show up for the appointment, and acknowledges that if he fails to do so, he may be charged a fee. In case of no-show, the Customer will not be reimbursed for the amount of the deposit or the amount of the buyer protection.
The Client is solely responsible for his behavior during the performance of the Service. It is the Customer's responsibility to be present and punctual for the appointment with the Provider.
Wiara Beauty undertakes to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
Wiara Beauty does not provide beauty or body care services and does not act as a beauty professional. All such beauty services are provided by independent third party providers who are not employed by Wiara Beauty or any of its affiliates.
Wiara Beauty does not guarantee the uninterrupted availability of the Platform and the Service. Wiara Beauty will use its best efforts to provide the Service on a reliable and continuous basis, but cannot guarantee operation free of technical problems.
Wiara Beauty shall not be liable for any difficulties that may arise in connection with the conclusion or performance of the Services, nor shall Wiara Beauty be a party to any disputes between a Customer and a Service Provider, including without limitation any warranties, representations or other obligations of either the Customer or the Service Provider.
The Provider acknowledges that no one can guarantee the proper functioning of the Internet. Wiara Beauty undertakes to take all reasonable security measures to ensure the protection of the Site and the Application and to secure access to it.
The User undertakes to inform Wiara Beauty within twenty-four (24) hours of the discovery of a technical malfunction that prevents him from accessing or using the Service normally.
Wiara Beauty does not warrant that the Service will be error-free or error-correctable.
The User is aware of the inherent limitations of the Internet and uses the Service at his own risk. In particular, the User is requested to back up his data and Wiara Beauty cannot be held responsible for any loss of data.
As the access to the Service is free of charge for the Customer, the Customer agrees not to claim any compensation or damages from Wiara Beauty or the Service Provider in case of interruption or stoppage of the Service, whether temporary or permanent.
In general, Wiara Beauty shall not be liable for any damage caused by force majeure, by the User or by a third party, nor for any indirect and/or unforeseeable damage.
For the services, the Service provided to the Users is only an intermediary. Wiara Beauty shall not be liable for any event detrimental to the User in connection with the performance or non-performance of the ordered service.
All Visitors and Users are fully responsible as publishers for all information they post on the Site or the Application and, if applicable, for the Providers they offer, sell, trade or transfer to other Users.
either by sending an email to the address email@example.com
or by sending a detailed letter to the following address Wiara Beauty, 177 rue du Faubourg Poissonnière, 75009
In all these cases, WiaraBeauty will immediately suspend the account of the concerned User as well as the transactions in progress while waiting for the results of the investigation carried out.
Article 12 - Rights and obligations of Wiara Beauty
Wiara Beauty may prohibit in whole or in part the use of the Site (indicating the conditions of limitation) or terminate the Customer's and the Service Provider's ability to use the Site, including deleting Content posted on the Site, cancelling the User's account and preventing the User from re-registering on the Site or preventing the Visitor from visiting the Site, provided that Wiara Beauty sends prior official notice to such User or Visitor, if he:
provides incorrect, misleading and/or incomplete information according to the General Conditions at the time of registration on the Site or use of the Site;
deliberately and intentionally discloses false information on the Site, insults others or acts inappropriately;
uses the identity of other Users or otherwise acts illegally;
connects from the same IP address or computer as the one that has been blocked for violations; or
has received two or more warnings from Wiara Beauty
Wiara Beauty, after due notification in accordance with the above article, will remove any unlawful content.
If User does not agree to this right of Wiara Beauty, User must refrain from using the Site. Wiara Beauty may investigate any violation of the Terms and Conditions, and inform the relevant law enforcement agencies and authorities.
Wiara Beauty may, at any time, rearrange the Catalog, advertising space or other information about the Services, provided that such changes do not alter the Content provided by the User, in order to make the Site more user-friendly. Wiara Beauty may publish new features, including descriptions, instructions or rules related to them.
Wiara Beauty may, at any time, publish on the Site short and long term offers, contests, games or sweepstakes in accordance with national law to offer new Services and, therefore, these General Terms and Conditions will not be changed. Information about offers, contests, games or sweepstakes that comply with national law will be provided on the Site. In case of inconsistencies between the General Terms and Conditions and special conditions published on the Site (such as regulations, instructions and descriptions of new products), the latter shall prevail.
Wiara Beauty may terminate or suspend or assign to third parties the operation of the Site, subject to giving thirty (30) days notice to the Users of the Site.
Failure by the User to comply with the above shall entitle Wiara Beauty to close the User's account without notice, compensation or indemnity of any kind.
In case of breach of any of the provisions of these terms and conditions or, more generally, breach of applicable laws and regulations by a User, Wiara Beauty reserves the right to take any appropriate action and in particular to:
delete the account of the User who has committed or participated in the breach or violation
publish on Wiara Beauty or on the Site any information message that Wiara Beauty considers useful
notify any concerned authority
initiate any legal action, and in particular any action necessary for the recovery of amounts due for the use of the Services
Wiara Beauty reserves the right to take legal action against the User.
In case of breach by the User of an essential obligation under these terms and conditions, Wiara Beauty reserves the right to terminate the User's access to all or part of the Services, with immediate effect, by letter, fax or email.
The termination is effective as of the date Wiara Beauty sends the User a written notice pursuant to this clause. It shall automatically and without prior notice lead to the deletion of the User's Account, without prejudice to any other consequences that may be induced in accordance with these terms and conditions.
If several complaints from the Service Providers concern the Customer (late appointment, no-show...), the Customer will be informed. Wiara Beauty reserves the right to limit the User's access to the Service.
In case of damage to the place of work caused by the Customer, the Service Provider will charge the Customer for the cost of repairing the place of work or changing the equipment for a fixed amount of 100€ including VAT.
In the event of more extensive repairs, the Customer may be required to pay a higher amount based on receipts submitted by the Provider. The payment of the amount due in case of damage of the place will be automatically debited from the bank account that the User will have entered on the Application.
Wiara Beauty is not party to any transaction between Users. Wiara Beauty does not buy, sell or exchange services presented on the Site, nor does it claim to do so.
Wiara Beauty reserves the right to offer any other useful Service, in a form and according to the functionalities and technical means that Wiara Beauty will consider the most appropriate.
Article 12 - Published content
The Provider shall not pass off the work of another professional as its own work, i.e. identify itself on a photo belonging to another professional.
Wiara Beauty being a public community, the Content will be visible by other users of the application worldwide. User should ensure that he/she is comfortable sharing Content before posting it, especially to the extent that it concerns Customers. As such, User agrees that Providers' Content may be viewed by other users and by anyone visiting, participating in, or receiving a link to the Application. By uploading Content to Wiara Beauty, User represents and warrants that User has all necessary rights and licenses to do so, and automatically grants Wiara Beauty a non-exclusive, royalty-free, perpetual, worldwide license to use the Content in any manner (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, incorporating into other works, advertising, distributing, and making available to the public at large such Content, in whole or in part and in any format or medium now known or later developed).
Wiara Beauty has the right to remove, edit, limit or block access to any Provider Content at any time, and has no obligation to post or review Provider Content.
Customers will also share Content via the Application. Customer Content belongs to the User who posted the Content and is stored on our servers and displayed via the Application as directed by the User who provides the Customer Content.
User has no rights to the Customer Content of other users, and may only use the personal information of other Wiara Beauty users to the extent that the use of such information is consistent with Wiara Beauty's purpose of enabling people to connect with each other. User may not use other users' information to send spam, to harass or to make illegal threats. Wiara Beauty reserves the right to terminate User's account if User misuses other Users' information.
All other Wiara Beauty Content is the property of Wiara Beauty. All other text, Content, graphics, user interfaces, trademarks, logos, sounds, illustrations and other intellectual property appearing on Wiara Beauty are owned, controlled or licensed by Wiara Beauty and are protected by copyright, trademark and other intellectual property rights. All right, title and interest in and to Wiara Beauty's Content shall remain with Wiara Beauty at all times.
Wiara Beauty grants User a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content, without the right to sublicense, under the following conditions:
User shall not use, sell, modify, or distribute Wiara Beauty Content except as permitted by the functionality of the Application;
User shall not use Wiara Beauty's name in meta tags, keywords and/or hidden text;
User shall not create derivative works of Wiara Beauty Content or commercially exploit the Content, in whole or in part, in any way; and
User shall use Wiara Beauty's Content for lawful purposes only.
Wiara Beauty reserves all other rights.
Article 14 - Collection and processing of reviews
All reviews published on the Site or the Application are authentic and verified.
14.1 Collection of reviews
Users who have not performed Services with a Provider are not allowed to leave reviews. No consideration is given to Users or Wiara Beauty in exchange for their online reviews.
If the review received is inappropriate or abusive, Users must inform Wiara Beauty.
Wiara Beauty does not review reviews before they are posted by Users.
Reviews by one User of another User must always be fair and honest. Lies and insults are not allowed.
At the end of the predefined duration of the Service, a rating page appears on the User's account. This page allows the Provider to confirm that the Service has taken place, but also to ensure that it has taken place correctly: the Provider can also leave a review to the Client but this review will not be visible on the Client's profile but only visible by our team. The Provider can insert pictures of the Service (which he can choose to publish on his profile or not). These photos will be used by our team in case of dispute between the Provider and the Customer.
14.2 Moderation of reviews
The Provider can also answer to the review left by the Customer, only once per review. The review (as well as the Provider's possible answer) will be published instantly on the Provider's Wiara Beauty page, and will also be available in the "Notifications" area of the Application.
14.3 List of reasons for deletion of a notice
The list of reasons for deletion is as follows:
The notice approves or promotes illegal or harmful activities or contains rude, vulgar, obscene, threatening, defamatory or discriminatory language;
The notice does not concern a Service reserved with a Provider
The notice is a spam, an undesirable contact, or a content that is repeatedly broadcast or that may disturb
The review was created for advertising or commercial purposes
Wiara Beauty is entitled to remove from the Site any reviews that violate these Terms and Conditions or the rights of other Users, including Users who were not entitled to leave reviews under these Terms and Conditions.
14.4 Reporting a review
The User is entitled to report a review that seems suspicious on the page of a Provider. He can then send an email to firstname.lastname@example.org indicating the Provider concerned and the date of the review.
Article 15 - Interactions and messages on the site
15.1 Private messages
The exchange of private messages between Users is mainly for the purpose of exchanging information about the Services or the Content of the Website. Therefore, if a User sends private messages to another User, he must ensure that he does not send :
messages or information of an advertising nature ;
Spam or content containing viruses or worms;
mass messages of any other type (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not requested to receive it);
messages containing texts that are contrary to good morals and public order, inappropriate, insulting, defamatory or otherwise considered incompatible with these Terms and Conditions and the interests of Users;
messages of an illicit nature or otherwise attempting to harm other Users and/or the Site.
Wiara Beauty uses automated software to detect, by means of algorithms, any remarks contrary to good morals and public order, inappropriate, insulting or defamatory communicated by a User via private messages. In the event that a private message containing such remarks is detected by the automated software, the private message may be automatically blocked and/or hidden from the User who receives the private message. The User, sender of the blocked and/or hidden private message will be notified of his obligation to comply with the Terms and Conditions. Wiara Beauty never has access to the content of private messages, including those that are blocked and/or hidden by the automated software.
Article 16 - Termination
Customer may request Wiara Beauty to delete his account, just as Wiara Beauty may cease to provide the Service without notice or decide for any of the above reasons to suspend Customer's account without having to pay any compensation or damages.
The Customer may request the deletion of his account at email@example.com in which case his data will be completely deleted within 1 month, without any subsequent possibility to recover them.
Article 17 - Transfer
The User expressly refrains from transferring, whether in return for payment or free of charge, all or part of the rights and obligations that he/she holds as a result of the present contract.
The Customer undertakes to book services only for his own account. It is forbidden to transfer, free of charge or against payment, a service booked through the Service offered by Wiara Beauty.
Article 18 - Advertising
Wiara Beauty reserves the right to insert in any place of Wiara Beauty or on any page of the Site any advertising or promotional messages in a form and under conditions that Wiara Beauty will be the sole judge.
Article 19 - General
No provision hereof shall be deemed to have been waived, supplemented or modified by either party without a prior written instrument signed by the authorized officers of the parties in the form of an amendment to these Terms and Conditions, expressly deciding to waive, supplement or modify a contractual provision.
The fact that Wiara Beauty does not take advantage at a given moment of any of the clauses of this Agreement, and/or of a breach by the User of any of its contractual obligations, cannot be interpreted as a waiver by Wiara Beauty to take advantage at a later time of any of the said clauses or contractual obligations.
The User may terminate its relationship with Wiara Beauty at any time, with immediate effect, after having fulfilled all its obligations and after cancellation of its account on the Site. The User may terminate its relationship with Wiara Beauty (in writing or electronically, i.e. by e-mail).
Wiara Beauty owns all intellectual property rights relating to the Site, its system (the Catalog, their distribution, etc.), the design of the Site and the software used by the Site, including trademarks and domain names.
All notifications, requests and other information between the User and Wiara Beauty will be sent as indicated in the General Conditions via the contact form on the Site, and to the User by e-mail, to the e-mail address he has indicated when registering on the Site.
The nullity of one of the clauses of the Terms and Conditions in application of a law, a regulation or following a decision of a competent court that has become final will not entail the nullity of the other clauses of the Terms and Conditions that will keep their full effect and scope between the parties.
Wiara Beauty may, subject to applicable data protection laws, transfer/assign all rights and obligations under these TOS to any third party, in particular in the event of a transfer of business, merger by incorporation of a new company, absorption, split-off or any change of control affecting Wiara Beauty. Such transfer/assignment releases Wiara Beauty for the future. In case of transfer/assignment of the rights and obligations that are attached to these General Terms and Conditions to third parties, the User may immediately terminate his relationship with Wiara Beauty and close his account, including these General Terms and Conditions.
Article 20 - Applicable Law
These Terms and Conditions are subject to French law.
Article 21 - Dispute resolution
In case of a complaint or dispute, the Customer may contact Wiara Beauty by email firstname.lastname@example.org.
Wiara Beauty may, at its sole discretion, modify the General Conditions in order to :
adapt the General Terms and Conditions to the legislative or regulatory provisions in force or being adopted;
adapt the General Terms and Conditions to any decision rendered by a court, a consumer agency or any other competent authority and which impacts the content of the Site;
to correct any errors (for example, spelling mistakes or other types of errors that do not alter the meaning of existing sentences) that have not yet been detected.
To make these Terms clearer or fairer;
reflect changes or developments in the way Wiara Beauty conducts its business;
reflect changes in market conditions or standard industry practice.
In the absence of a response from this service within a reasonable period of one (1) month, or if the User is not satisfied with the response, the User and Wiara Beauty may attempt to resolve the User's complaint amicably, prior to any litigation in the relevant courts.
Users may therefore seek to use alternative dispute resolution methods such as consumer mediation, although Wiara Beauty is not obliged and does not undertake to use such alternative methods to resolve disputes with Users. Furthermore, disputes between Customers and Providers are not eligible for such consumer mediation.
In the absence of a solution and in accordance with articles L. 152-1 and following of the Consumer Code, the User may have recourse to a consumer mediator or to any alternative dispute resolution method in order to resolve the dispute amicably. The User undertakes to inform Wiara Beauty without delay of this request. The solution proposed by the mediator or the mediation platform is not binding on the parties.
If no amicable agreement is reached, the dispute will be submitted to the competent courts under the conditions of common law.
In case of a dispute between Wiara Beauty and the User, the User shall:
First of all send a written complaint to the customer service by means of an email to: email@example.com.
The European Commission has set up a dispute resolution platform to collect possible complaints from consumers following an online purchase and to forward them to the competent national ombudsmen. This platform is available here: http://ec.europa.eu/consumers/odr.