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Terms and conditions of sale

Definitions

General Sales Conditions (GSC): Our GSC define the rights and obligations of the Parties arising from the sale of our Products on the Eau de Beauté website. By validating his Order, the Customer acknowledges having previously read and accepts the General Terms and Conditions (GTC) without restriction, without this acceptance being conditioned by his handwritten signature. Eau de Beauté reserves the right to modify certain provisions of the GTC. These modifications will be effective upon their posting online and will only apply to Orders placed before these modifications, with each order on the Site being governed by the GTC applicable on the date of the Order. 

Customer: refers to the internet user, browsing the Site, a natural person with full legal capacity acting in a private capacity. Individuals or legal entities registered with a registry and any entity wishing to purchase Products are invited to contact [contact@eaudebeaute .com]

Order: refers to the sales contract concluded between Eau de Beauté and the Customer.

Party(ies): alternatively or collectively refers to Eau de Beauté and/or the Customer. 

Product(s): Any product offered for sale by Eau de Beauté on the Site.

Site or eaudebeaute.com: The Internet site accessible at www.eaudebeaute.com and all of its pages, elements, and contents that compose it.

Seller: Sales of products on the Site at the address eaudebeaute.com  are carried out by the Seller, namely Eau de Beauté, a simplified joint-stock company with a capital of xxx euros, registered with the RCS of xxx under number xxx, whose registered office is 191 Boulevard Maritime Nord 80120 Fort Mahon. 

Products & Availability

The Customer has become aware of the essential characteristics of the Products before placing his Order. The Products comply with French legislation and Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of November 30, 2009, concerning cosmetic products.

Eau de Beauté takes great care in presenting the Products on the Site. However, the photographs and visuals illustrating the Products are indicative and not contractual.

For any questions regarding the Products and their use, the Customer can contact Customer Service via the contact form.

The Products are offered for sale during their presentation on the Site, within the limits of available stocks.

In case of partial or total unavailability of the Products after placing the Order, Eau de Beauté informs the Customer as soon as possible by email of the partial delivery of the Order or its cancellation. The Customer will then be refunded the price of the unavailable Products within fourteen (14) days following his request.

Eau de Beauté retains ownership of the delivered Products until their full payment.

Prices

The selling prices of the Products indicated in euros (€) are those in effect at the time of placing the order. They include Value Added Tax (VAT), which will be collected on sales and remitted in France.

Eau de Beauté reserves the right to modify its prices at any time, but the Products will be invoiced based on the price in effect at the time of placing the Order, subject to the availability of the Product as announced on the Site, and excluding errors in the price. Indeed, in the event that a manifestly derisory or excessive price is displayed on the Site, due, for example, to a technical error or a computer bug, the Order, even if validated, can be canceled, and the Customer will be immediately informed.

Prices do not include shipping costs, which may be invoiced in addition to the price of the Products purchased according to the terms defined below and as indicated to the Customer before validating the order.

Order

When a Customer places an order on the Site, he will choose the various Products by clicking on “Add to cart.” At any time, the User can preview the Products placed in his cart or modify his Order by clicking on “Cart.”

A Customer is limited to a maximum of 5 Products in a single Order, and this for a period of 15 days.

From the moment the Customer confirms his Order by clicking on “PAY,” he is considered to have accepted its content and conditions, including these GTC, quantities, prices, characteristics, and delivery times of the Products.

The sale will be final when the Customer confirms the Order, without prejudice to the Customer’s exercise of his right of withdrawal (the terms of which are described below). This Order will be confirmed by Eau de Beauté by sending a first email to the Customer containing all the information previously provided. A second email will be sent to the Customer when his Order is shipped. The Customer is informed that the two (2) emails will be sent to the email address entered by the Customer at the time of his identification, prior to placing his Order. In the event of an error in entering this email address, Eau de Beauté’s responsibility will be excluded.

Eau de Beauté reserves the right to refuse any Order for legitimate reasons such as:

  • abnormality of the Order, it being specified that any Order exceeding the authorized limit by more than ten (10) units of the same Product will be considered abnormal
  • legal prohibition to sell the Products concerned;
  • suspicion of fraud and/or manifest bad faith on the part of the Customer;
  • impossibility of delivering the Products to the country or address indicated by the Customer;
  • dispute with the Customer.

Payment

Unless the server is unavailable, the Customer will pay for his Order after its final validation on the Site, by Carte Bleue, Visa, Mastercard, and Paypal. In case of payment by credit card, the Customer will enter directly in the areas provided for this purpose: the card number, its expiration date, and its security code on the back of the card. The total amount will be debited from the credit card on the day of the Order.

Payments by checks and cash are not accepted.

Eau de Beauté may suspend any Order management in case of non-payment or refusal of payment authorization by the bank. Eau de Beauté cannot be held responsible for any malpractice or fraudulent use of any means of payment not detected. The Customer guarantees that they have the necessary authorizations to use the payment method they have chosen for their Order. Any fraudulent use of the credit card cannot lead to a refund by Eau de Beauté.

Transactions made on the Site are secured by the Axepta payment system.

All information exchanged to process the payment of the Order, including personal data such as identity, address, phone number, email address, credit card numbers, or information about transactions or payments made by the Customer, is processed by Axepta. This data is encrypted using the SSL (Secure Socket Layer) protocol.

It cannot be detected, intercepted, or used by third parties. Axepta is certified by Visa (AIS) and Mastercard (SDP). These certifications ensure that the operational processes and technical solutions used by Axepta meet the most demanding criteria for securing exchanges and protecting banking data. Axepta is among the first payment operators worldwide to offer these three certifications.

The “s” in https on the payment page means that the site is secure.

Eau de Beauté uses the so-called “3D secure” system for all purchases made by the Customer. It is a secure protocol for online payment. It allows merchants to limit the risks of fraud on the Internet related to identity theft attempts. It consists of ensuring, during each online payment, that the card is used by its legitimate owner.

Purchase invoices will be sent by email to the email address provided by the Customer during the registration of their Order on the Site.

Specific mentions regarding Axepta BNP Paribas:

Furthermore, we inform you that, as part of your order, personal data concerning, in particular, your identity, your domicile, your personal situation, your phone number, your email address, your credit card numbers, and account number or transactions or payments you make are processed by Axepta for the purposes i) of executing the contract that binds it to Eau de Beauté ii) monitoring and managing fraud (defining risk levels associated with transactions, detecting and managing resulting alerts), and iii) complying with the legal obligations imposed on it under the legislation related to the fight against money laundering and the financing of terrorism, and (iv) compiling market analysis, statistics, analysis of transaction data, and improving the service provided by Axepta.

The collection of your personal data is mandatory for these purposes. Without this personal data, your transaction could be delayed, or even impossible, and your order canceled.

Please note that Axepta, with its registered office at 16 bd des Italiens 75009, PARIS, is the data controller for this data.

Axepta will not disclose your personal data to third parties, except in the following two cases:

  • Communication of personal data to its affiliated companies, subcontractors, or other parties with whom Axepta has a contractual relationship and who provide services/assistance to Axepta in the context i) of the execution of the contract that binds us to Axepta, ii) preventing and managing fraud, iii) complying with the legal obligations imposed on Axepta under applicable legislation on the fight against money laundering and the financing of terrorism, and (iv) communicating anonymous or aggregated data to third parties. Third parties providing services/assistance to Axepta in monitoring and managing fraud may integrate your personal data into specific databases they use to provide services on behalf of several merchants to prevent and manage fraud.
  • If Axepta is legally required to disclose certain information or documents to any judicial or administrative authorities or authorities responsible for law enforcement in general, all authorities, or authorities responsible for law enforcement. The disclosure of personal data to these entities will be limited to the strict necessary or the requirements of applicable regulations.

Furthermore, we inform you of the implementation of fraud monitoring and management activities in the context of your Order, which means that your personal data will be subject to additional processing beyond payment processing without a card. Axepta is responsible for this additional processing aimed at preventing and combating fraud, determining a risk level, and modeling scoring.

In case of fraud, your personal data may be recorded in a file managed by Axepta to keep a record of frauds, and in particular, to provide information for the criteria used to assess risks and the scoring models used. This recording of your data may also lead to assigning a higher risk level on the occasion of any subsequent order from a merchant belonging to the same type of industry/sector and using Axepta’s services, and therefore, to the rejection of the order.

You have the right to access, query, and rectify your personal data, as well as the right to object to their processing for legitimate reasons. To exercise this right, you can write to Axepta – Legal Department “Data Protection” – 16 bd des Italiens 75009, PARIS, or send an email to axeptasupport@bnpparibas.com, accompanied by a signed copy of your identity document.

Delivery

Eau de Beauté delivers in Metropolitan France, including Corsica.

Processing and shipping costs are free. Any subsequent change to the delivery address cannot be taken into account by Eau de Beauté.

The address provided by the Customer must be valid: for example, no delivery can be made to a post office box, poste restante, hotel room, or a collective place where an individual address cannot be assigned.

Only one Order can be delivered to multiple addresses.

Eau de Beauté makes every effort to ensure that the delivery of the Products takes place within the indicated deadlines at the time of the Order. However, it disclaims any responsibility in case of non-delivery due to force majeure, the act of a third party, or a fault attributable to the Customer. In case of delay, the Customer must inform the Customer Service as soon as possible, either by email or by phone.

Your package will be delivered by the Colissimo carrier within 3-4 working days.

When the package is sent, the carrier will send the Customer the corresponding tracking number by email. In case of non-receipt of a package within the indicated deadlines, the Customer is invited to contact the Consumer Service so that an investigation can be conducted, which may take several days.

Archiving & Proof of Contract

The Customer agrees that exchanges between the Parties will be made by email.

The storage on the computer systems of Eau de Beauté of the Order, the confirmation of the acceptance of the Order, and any exchanges between the Parties will be considered as evidence of the sales contract.

The computerized records kept in the computer systems of Eau de Beauté and its partners will be considered as evidence of communications, orders, and payments between the Parties.

Each order is archived by Eau de Beauté for a period of 3 years from the last delivery. At any time, the Customer can access the details of their past orders by sending an email to the Customer Service via our contact form.

Right of Withdrawal, Returns & Refunds

In accordance with Article L. 221-18 of the Consumer Code, the Customer has the right to withdraw from their Order without giving any reason within fourteen (14) clear days from the day of receipt of the order.

The Customer, to exercise this right of withdrawal, must inform Eau de Beauté of their decision to withdraw by sending the withdrawal form to Customer Service (downloadable in the “My Orders” section of the Site) within this period.

At the same time, the Customer must return, at their expense, the Products in perfect condition, in their original packaging with any accompanying instructions, no later than fourteen (14) days following the communication of their decision to withdraw, to the following address: SAS Beauté Intérieure, 191 Boulevard Maritime Nord 80120 Fort Mahon.

If the fourteen (14) day period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.

However, the right of withdrawal cannot be exercised for Orders concerning the supply of goods:

  • Tailored to the Customer’s specifications or clearly personalized;
  • Unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection, in accordance with Article L.221-28 of the Consumer Code.

After checking the Products, if the conditions are not met, the Products will be refused and returned to the Customer at their expense.

If the conditions are met, then Eau de Beauté will refund the Customer the amounts paid, no later than fourteen (14) days following the date on which Eau de Beauté was informed of the Customer’s decision to withdraw.

Eau de Beauté reserves the right to defer the refund until the Products are recovered, in accordance with paragraph 2 of Article L.221-24 of the Consumer Code. The initial delivery shipping costs are included, but not the return costs, which remain the responsibility of the Customer.

In the event that a refund is accepted by Eau de Beauté, this refund will be made using the same means of payment as that used by the Customer for the initial Order.

Except for the specific case of non-compliance of the Products with the Order, there is no possibility of exchanging the Product. If the Customer changes their mind and wishes to exchange an ordered Product for a new one, they must, under their right of withdrawal, return the Product. It will be refunded but not exchanged. To obtain a new Product, the customer will have to place a new Order on the Site.

Customer Service

For any questions or information before placing an Order or related to the monitoring and execution of the Order, exercising the right of withdrawal, invoking any warranty, and handling complaints, the Customer can contact Customer Service by Email or by phone in the Contact section. Contact

Mediation

The Customer is informed that they can resort to consumer mediation for any possible disputes regarding the sale of Products on the Site, in accordance with Ordinance No. 2015-1033 of August 20, 2015, and implementing Decree No. 2015-1382 of October 30, 2015. To submit their dispute to the mediator, the Customer can fill out the form on the CMAP website: www.mediateur-conso.cmap.fr, or send their request by regular or registered mail to CMAP Médiation Consommation, 39 Avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.

To know the modalities for submitting to the Mediator, click here.

At the European level, the European Commission has also set up an online dispute resolution platform accessible here.

Intellectual Property

This Site, its operation and appearance, as well as all its elements, such as visuals, texts, images, trademarks, product names, designs, models, illustrations, videos, photographs, slogans, and without this list being exhaustive, are the exclusive property of Eau de Beauté and are protected by texts relating to Intellectual Property Law and/or the Law of Literary and Artistic Property.

The reproduction or use of all or part of these elements is only authorized for informational purposes and for strictly personal and private use.

Neither the Site nor any of its components may be used, reproduced, copied, modified, or exploited in any other way, in whole or in part, for any purpose other than private and personal use, without the prior written authorization of Eau de Beauté. Any other use is likely to constitute criminally punishable counterfeiting.
Eau de Beauté reserves the right to pursue any infringement of its Intellectual Property rights.

Any request for authorization must be addressed to the following address: SAS Beauté Intérieure, 191 Boulevard Maritime Nord 80120 Fort Mahon.

Applicable Law

These General Conditions of Sale are subject to the application of French law, regardless of the country of residence of the Customer and the place of placing the Order. In the absence of mediation, any dispute relating to the interpretation, execution, or termination of the contract concluded between Eau de Beauté and the Customer will be under the exclusive jurisdiction of French courts.

Responsibility

Eau de Beauté undertakes to properly fulfill the obligations resulting from the Order.

However, Eau de Beauté may exempt itself from all or part of its liability by providing evidence that the non-performance or improper performance of the Order is attributable either to the Customer, for example, in case of use of the Products not in accordance with their purpose, or to the unforeseeable and insurmountable act of a third party, or to a force majeure event (e.g., strikes, accidents, riots, fire, etc., constituting unforeseeable and irresistible events).

Eau de Beauté’s liability cannot be engaged in the event of inconveniences or damages resulting from the use of the Internet network.

Eau de Beauté reserves the right to modify or correct the content of the elements accessible on the Site at any time and without notice and reserves the right to suspend the operation of the Site.

The creation of a hyperlink to this Site can only be done with the prior written authorization of Eau de Beauté. Eau de Beauté disclaims any responsibility regarding the content, products, or services presented on third-party sites linked by a hyperlink to their own Site.

Legal Guarantees

All Products sold by Eau de Beauté on the Site benefit from the legal conformity guarantee provided for in Articles L217-4 to L217-14 of the Consumer Code and the legal hidden defect guarantee provided for in Articles 1641 to 1649 and 2232 of the Civil Code.

When acting on the basis of the legal conformity guarantee, the Customer:

  • Has a period of two (2) years from the delivery of the Product to take action;
  • May choose between the repair or replacement of the Product, unless this choice entails a cost manifestly disproportionate to the other option, given the value of the good or the significance of the defect (Article L. 217-9 of the Consumer Code).
  • Is exempt from providing proof of the existence of the conformity defect of the Product during the twenty-four (24) months following the delivery of the Product. The legal conformity guarantee applies independently of the commercial guarantee.

In the context of the legal conformity guarantee, and according to the Customer’s choice, Eau de Beauté must either replace the Product with another identical one depending on the stock, or refund the price of the Product if such replacement is not possible.

In the event that the Customer decides to implement the guarantee against hidden defects in the sold item under Articles 1641 and following of the Civil Code, they can choose between canceling the sale or reducing the sale price, in accordance with Article 1644 of the Civil Code.

The Customer can return to Eau de Beauté the Product with a conformity defect, in its original condition, must be adorned with the original labels, and accompanied by the original packaging and the delivery slip, after previously informing Customer Service, with the latter condition being mandatory.

In the context of the legal guarantee for hidden defectsand according to the Customer’s choice, Eau de Beauté, after assessing the defect affecting the Product, must either refund the Customer the full price of the returned Product or partially refund them if the Customer retains the Product bearing the defect.

In accordance with the law, Eau de Beauté reminds the Customer of the following articles:

Article L. 217-4 of the Consumer Code:

“The seller delivers a good in conformity with the contract and is responsible for conformity defects existing at the time of delivery. He is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these have been put under his responsibility by the contract or have been carried out under his responsibility.”

Article L. 217-5 of the Consumer Code:

“The good is in conformity with the contract:

1° If it is suitable for the customary use of a similar good and, where applicable:

if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”

Article L. 217-12 of the Consumer Code:

“The action resulting from the lack of conformity is barred by two years from the delivery of the good.”

Article L. 217-16 of the Consumer Code:

“When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable item, for work covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.

This period runs from the buyer’s request for intervention or from the making available for repair of the item in question, if this making available is subsequent to the request for intervention.”

Article 1641 of the Civil Code:

“The seller is bound by the guarantee for hidden defects in the thing sold that makes it unfit for the use for which it is intended, or that so diminishes this use that the buyer would not have acquired it, or would have given it a lesser price, if he had known them.”

Article 1648, paragraph 1, of the Civil Code:

“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”