TERMS OF SALES
Date of last update: May 2022
Article 1 – LEGAL NOTICES
This site, accessible at the URL www.thecosmetist.co (the "Site"), is published by: The Cosmetist, a company with a capital of 1,000 euros, registered with the Annecy RCS under number 904 474 426 and whose head office is located at 12 faubourg des annonciades 74000 Annecy, represented by duly authorized Lucille Decosne (hereinafter referred to as the "Operator"). The Operator can be reached at the following email address email@example.com
The Website is hosted by Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, whose registered office is at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (VAT number IE 3347697KH) and whose general conditions of sale are: https://www.shopify.fr/legal/conditions
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale”, or the “GTC”) are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online, distance and online sales site for plant-based food supplements, active ingredients and probiotics, and cosmetic products (hereinafter the " Products ") open to any natural or legal person using the Site (the “ Client ”).
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet.
The use of the Site and the purchase of the Products are exclusively reserved for consumers, that is to say, natural persons of full age and legally capable of concluding contracts, acting for personal and non-commercial purposes. It is not permitted to use or browse the Site and/or purchase Products if you are not a consumer, and in particular if you are acting for professional and/or commercial purposes, for example with a view to the resale of the Products. If you wish to become a reseller of the Products, contact us!
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer agrees when registering to:
- deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
- keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.
The Client further agrees not to make available or distribute illicit or reprehensible or even harmful information. Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole fault.
Article 5 – ORDERS
The Operator strives to guarantee optimum availability of its Products. Product offers are valid within the limits of available stocks.
If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:
- the delivery of a Product of a quality and price equivalent to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities.
The Customer is informed that the representations and photographs of the Products on the Website are as accurate and faithful as possible to reality, but cannot ensure perfect similarity with the Products, in particular with regard to the colors, dimensions and other characteristics which may be altered in particular by the lighting during the shots and by the screens or internet browsers used to view them.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
- The Customer does not respect the General Conditions in force when ordering;
- The Customer's order history shows that sums remain due under previous orders;
- One of the Customer's previous orders is the subject of a dispute being processed;
- The Customer did not respond to a request for confirmation of his order sent to him by the Operator.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Registration is strictly personal to each Client.
In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the said Customer's account without notice.
Article 6 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The Client already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.
If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) or Swiss francs (CHF). The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:
- delivery of a Product that does not conform to the declared characteristics of the Product;
- of delivery exceeding the deadline fixed in the order form or, in the absence of such a date, within fifteen (15) days following the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time;
The order can be resolved by the Operator in the event of:
- the buyer's refusal to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 – RETENTION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been received, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France, Switzerland or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order .
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of fifteen (15) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.
However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a PO Box.
On delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.
Article 11 – RIGHT OF WITHDRAWAL
If a Product delivered does not fully satisfy the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below ( a model has been appended to these GCS – Appendix ) .
The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
- name, geographical address, telephone number and e-mail address;
- decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.
The return costs are the responsibility of the Customer, the returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Customer's reimbursement to be implemented. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 – CUSTOMER SERVICE
The Customer may contact the Operator by email by contacting firstname.lastname@example.org indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “ Elements ”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
ARTICLE 14 – LIABILITY AND GUARANTEE
The use of the Products assumes an appropriate lifestyle. The Customer is informed that the consumption of the Products is strongly discouraged without the prior opinion of a health professional, if he is in one of the following cases: health problems, special nutrition or diet, pregnant person , medical treatment, pathology, allergy, food intolerance, intensive sports practice.
The Products are not medicines and cannot be used as substitutes for a varied and balanced diet.
The Company cannot be held responsible for the consumption of the Products if it turns out that the Customer had not taken the necessary measures to guard against any risk.
The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.
Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
- you have a period of two (2) years from the delivery of the goods to act:
- you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- you are exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except second-hand goods).
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale.
It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.
ARTICLE 15 – COMMERCIAL WARRANTY
The commercial guarantee (contractual commitment of the Operator, in addition to its legal obligations relating to the guarantee of conformity of the Products) is the subject of a written contract in accordance with the provisions of articles L. 217-15 and following of the Code of trade, a copy of which is given to the Client.
Article 16 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.
In addition, the Customer acknowledges that the Operator cannot guarantee, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 17 – REFERENCES
The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).
ARTICLE 18 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.
CHANGES TO TERMS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following coordinates: email@example.com
In the event of a complaint not resolved amicably between the Company and the Customer or in the absence of a response from the Company to a Customer complaint addressed to the Customer Service of the Company (email address above), and this within a period of one (1) month from the date of said complaint, and in accordance with Articles L. 611-1 et seq., as well as Articles R. 612-1 et seq. of the Consumer Code, the Customer may have free recourse to any alternative method of dispute resolution and in particular a consumer mediation procedure by entering the FEVAD e-commerce mediation service on their website: https://www.mediateurfevad.fr/.
The service of the mediator can be seized for any dispute of consumption whose settlement would not have succeeded under the conditions above.
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator does not will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.
Annex: Withdrawal form
Please complete and send this form and the order number only if you wish to exercise your right of withdrawal relating to an Order.
12 Annonciades suburb
74000 Annecy - France
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
Name of Consumer Client:
Address of the Consumer Client:
Signature of the consumer Client: