GTC
ARTICLE 1: DEFINITIONS
The terms and expressions referred to below, when preceded by a capital letter, have the following meaning for the purposes of the interpretation and execution of these presents:
Customer: means any natural person purchasing a Product on the site
Order: request for Products by the Customer from the Seller
General Conditions of Sale: the general conditions of sale which are the subject of this document
Delivery Time : period between the date of validation of the Order and the date of Delivery of the Order to the Customer
Delivery : shipment of the Product to the Customer
Price : the unit value of a Product, this value includes all taxes and excludes Delivery costs.
Total Price : the total amount of the cumulative Prices of the Products which are the subject of the Order, all taxes included, to which is added the price of the Delivery costs
Product : means any product offered for sale on the site
Site : website accessible online at the address www.alyscamps.co used by the Seller for the sale of its Products, it being understood that the Site does not include other sites accessible via hypertext links.
Seller : the company SOCIETE ARLESIENNE DE COSMETIQUES, a simplified joint-stock company with a capital of 20,000.00 euros, whose registered office is located in ARLES (13200), 16 Place de la République, registered in the TARASCON Trade and Companies Register under number 850 819 996
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
The Seller and the Customer are individually referred to as a “ Party ” and collectively as the “ Parties ”.
ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION
The purpose of these General Conditions of Sale is to define the rights and obligations of the Parties in the context of the online sale of the Products offered for sale by the Seller to the Customer on the Site.
The General Conditions of Sale are applicable to Products delivered to the Customer established in France, in Europe, or outside Europe with the exception of Asia.
The General Conditions of Sale are made available to the Customer on the Site where they can be consulted directly.
The General Conditions of Sale are binding on the Customer who acknowledges, by ticking a box provided for this purpose, having read and accepted them before placing an Order.
In accordance with Article 1127-2 of the Civil Code, validation of the Order by its confirmation constitutes the Customer's acceptance of the General Conditions of Sale in force on the day of the Order, the conservation and reproduction of which are ensured by the Seller.
The Seller reserves the right to modify the General Conditions of Sale at any time.
In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the Order, a copy of which dated on that date may be provided to the Customer upon request.
ARTICLE 3: CONDITIONS OF ACCESS TO THE SITE AND IDENTIFICATION
Access to the Site is reserved for adults with a valid email address.
Minors must obtain authorization from their legal representatives in order to use the Site.
The Seller cannot be held responsible in the event of unavailability of the Site.
The Seller strives to ensure to the best of its ability the accuracy and updating of the information published on the Site.
However, the Seller cannot guarantee the accuracy of the data appearing on the Site and declines all responsibility for any imprecision, inaccuracy, omission or modification which may appear in the information communicated on the Site.
The Seller also declines all liability for any direct or indirect damage resulting from fraudulent intrusion, in particular when this results in a modification of the information communicated or the impossibility of accessing it.
In the event of inaccuracy or omission in the information provided, the Customer is requested to contact the Seller at the following address: contact@alyscamps.co .
The Customer acknowledges having the necessary means, including equipment and internet subscription, to access the Site.
It is also specified that the costs relating to the necessary means of accessing the Site remain the exclusive responsibility of the Client.
The Customer can access the Site by typing the address: www.alyscamps.co in their internet browser.
Access to the Site and consultation of the Products does not require the creation of an account.
However, in order to place an Order, the Customer must create an account via the registration form.
On this occasion, the Client will be asked to create a password.
The Customer will receive a registration confirmation email to the email address they provided, after validating the registration form.
In order to log in to his account, the Client will use his email address and password.
This account allows access to order history as well as the recording of data (name, first name, postal delivery and billing address, email address, telephone number).
The login ID and password are strictly personal to the Client.
The Client ensures the confidentiality of his access data, which is his full responsibility, and bears any consequences of their disclosure, voluntary or not, to a third party.
Therefore, any connection is deemed to be made by the Customer or with their agreement in the case of a purchase made by a third party.
In the event of unauthorized fraudulent use of the login ID and password, the Customer expressly accepts that the Seller is released from all liability.
ARTICLE 4: PRODUCTS
The Products presented on the Site are each the subject of a description, mentioning their essential characteristics within the meaning of article L.111-1 of the Consumer Code.
In particular, the list of ingredients of each Product is reproduced in their description.
Therefore, before purchasing online, the Customer can find out about the characteristics of the Product he wishes to order.
For any additional information, the Customer can contact the Seller at the following address: contact@alyscamps.co .
The Products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market, in accordance with Article L.411-1 of the Consumer Code.
The Products are offered and delivered within the limits of available stocks.
At the time of ordering, if one of the Products is no longer available, the Seller will immediately inform the Customer.
The Order will then be sent without the said Product and the Seller will reimburse the sums paid within 14 working days.
As part of the AGEC law, ADEME has generated, for the ALYSCAMPS range, the unique identifier number FR249067_01IWQC (REP-Packaging) confirming that the Seller is subject to the principle of REP (Extended Producer Responsibility).
ARTICLE 5 – PRODUCT ORDERS
In order to complete the Order, the Customer must complete the following steps:
1. Go to the Site,
2. Create your account and/or log in to your account,
3. Fill your virtual basket by indicating the desired Products and quantities,
4. Check the elements of the Order and, if necessary, correct any errors,
5. Fill in the information relating to Delivery and payment method,
6. Validate the Order,
7. Follow the instructions of the online payment server.
Confirmation of the Order entails acceptance of the General Conditions of Sale and forms the contract.
A confirmation email acknowledging receipt of the Order and payment is sent by the Seller as soon as possible.
When sending the Order, the Customer will receive a new email.
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.
The Seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of Products ordered are abnormally high for a Customer in their capacity as a consumer.
ARTICLE 6 – PRICE
The Price is indicated individually for each Product.
The Seller reserves the right to modify the Price of its Products at any time.
However, once the Order has been validated, the Price of a Product remains that in effect at the time of the Order.
The price to be paid by the Customer at the time of validation of the Order is understood to be the Total Price.
However, internationally, import or customs fees may be added to the Total Price and are the responsibility of the Customer.
Payment of these additional costs will be made directly between the Customer and the carrier at the time of Delivery.
The Customer is responsible for inquiring about these additional costs.
ARTICLE 7 – PAYMENT
Payment of the Total Price is due upon confirmation of the Order.
Payment is made online, either by credit card or Paypal.
The following bank cards are accepted: Visa, Mastercard, American Express.
The Site uses the Stripe banking payment solution, which uses the latest and most reliable security systems, including PCI DSS certification. Stripe encrypts this data using the SSL protocol to ensure the security of this data.
In the event of payment by bank card, the transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes the Seller to debit his bank card with the amount corresponding to the Total Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer provides the sixteen digits and the expiry date of his bank card as well as, where applicable, the numbers of the visual cryptogram.
The execution of the Order will be carried out after agreement from the bank payment center.
If the latter agrees, the account will be immediately debited and the order validated.
In the event of refusal, and, consequently, of inability to pay the Total Price, the Order will be cancelled.
The Seller reserves the right to cancel any order due to payment incident.
ARTICLE 8 – DELIVERY
The Customer chooses one of the Delivery methods offered on the Site when placing the Order.
It is recommended to group all PRODUCTS in a single order; two separate orders cannot be grouped. PRODUCTS are shipped mainly via Colissimo Suivi with a tracking number and delivered without a signature, except for shipments outside France, where delivery with a signature is mandatory. Furthermore, the Seller reserves the right to add the signature option or to change carrier on a case-by-case basis.
When delivery is made against signature, this constitutes proof of proper receipt of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to accept the Order and to affix his signature on any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
The different delivery methods are as follows:
For mainland France and Corsica:
- Colissimo 48h: five (5) euros, free for purchases of sixty (60) euros or more.
For Europe (excluding mainland France and Corsica):
- Colissimo international eight (8) euros , free for purchases of one hundred and fifty (150) euros or more.
For countries outside Europe, except Asia:
- Colissimo international fifteen (15) euros outside Europe, free for purchases of one hundred and fifty (150) euros or more.
Delivery will be made to the address provided by the Customer, who will be solely responsible for any failure to deliver due to the omission of information or the provision of incorrect information when placing the Order.
The Products will be sent within twenty-four (24) hours following confirmation of the Order except for Orders validated on a Saturday, Sunday, Monday and public holidays, which will be sent the following working day.
As such, the opening hours of the store located in ARLES (13200), 16 Place de la République are as follows:
- Tuesday to Saturday from 10 a.m. to 7 p.m., except during the summer period when the store is open on Mondays and Sundays
Delivery times for Deliveries within Europe are three (3) to eight (8) working days.
During the holiday season, Delivery Times may be extended but will not in any event exceed thirty (30) working days.
During the holiday season, Delivery Times may be extended but will not in any event exceed thirty (30) working days.
However, as the Seller is entirely dependent on the carriers, the delivery times indicated on the Site may be impacted by these service providers without the Seller being responsible for these delivery delays and the consequences that may result from them.
In the event of a delay in Delivery compared to the Delivery Times provided for in the General Conditions of Sale, the Order is not cancelled.
The Seller undertakes to inform the Customer by email that Delivery will be delayed.
The Customer may then decide to cancel the Order and will send an email notice of cancellation of the Order to the Seller.
In the event that the Order has not yet been dispatched upon receipt by the Seller of the Customer's cancellation notice, Delivery is blocked and the Customer is reimbursed for any amounts debited within fifteen (15) calendar days following receipt of the cancellation notice by the Seller.
In the event that the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package.
The Seller will then reimburse the amounts debited and the return costs incurred by the Customer within fifteen (15) working days following receipt of the return of the refused package complete and in its original condition.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The legal withdrawal period is fourteen (14) days from receipt of the Order by the Customer.
The Customer may return unsuitable Products without having to provide a justification.
If this period ends on a Saturday, Sunday or public holiday, it is extended until the next working day.
The right of withdrawal is exercised without penalty, it being specified that the return costs are the responsibility of the Customer.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal will not apply to the following situations:
◦ the Customer has unsealed the Product after Delivery and the Products cannot be returned for reasons of hygiene or health protection,
◦ the Product has, after being delivered and by its nature, been inseparably mixed with other items.
In order to exercise his right of withdrawal, the Customer must make a declaration by post to the following address:
ARLESIAN COSMETICS SOCIETY
16 Republic Square
13200 ARLES
or by email at contact@alyscamps.co .
The Customer is required to return the Products within fourteen (14) working days following notification of their decision to withdraw.
The direct costs of returning the Order are the responsibility of the Customer.
In the event of depreciation of the Product, the Customer is held responsible and will not be able to obtain a refund for the Product, which will be returned to him.
The Products must be returned in their original packaging, complete and new.
Reimbursement will only be made once the Products have been received. The Customer will be reimbursed by credit to the bank account used for payment within fifteen (15) days of receipt of the Products.
ARTICLE 10 – LEGAL GUARANTEES
The Seller is subject to the legal guarantee conditions provided for in Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
" The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility. "
Article L. 217-5 of the Consumer Code :
“ The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents 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 which the latter has accepted .
Article L. 217-12 of the Consumer Code :
“ The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the goods. ”
Article 1641 of the Civil Code :
" The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them. "
Article 1648 of the Civil Code:
“ The action resulting from latent defects must be brought by the purchaser within two (2) years from the discovery of the defect. ”
ARTICLE 11 – LIABILITY
The Seller shall not be held liable under any circumstances for any damage resulting from the Customer's negligence regarding the sale on the Site.
The Seller cannot be held liable in the event of non-performance or poor performance of the contract either due to the Customer, or due to the insurmountable and unforeseeable act of a third party to the contract, or due to force majeure.
The Seller's liability is limited to the amount of the Order, i.e. the Total Price of the Order.
The Seller cannot under any circumstances be held liable for damages arising from problems relating to the Customer's internet connection or from computer hacking.
ARTICLE 12: PERSONAL DATA
The information requested from the Customer is necessary for processing the Order.
Indeed, the personal data communicated by the Customer when creating his account, validating an Order, submitting a review or subscribing to the newsletter will be used for the following purposes:
- Order Tracking: invoices, processing and delivery, choice of trial doses offered,
- Marketing studies and analyses (strictly confidential statistics),
- Customer relationship management: sending newsletters, customer account management.
The Seller undertakes to preserve the confidentiality of the data collected during the Order.
When creating an account on the Site, the Customer will have the option to choose whether they wish to receive offers from the Seller and its partners.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978 as amended and the General Data Protection Regulation No. 2016/679 of 27 April 2016, the Client has the right to access, rectify, oppose, delete, subject to legitimate reasons, and to the portability of data concerning him/her.
The Customer may request the execution of these rights by contacting the Seller by post at the following address:
ARLESIAN COSMETICS SOCIETY
16 Republic Square
13200 ARLES
or by email to the following address: contact@alyscamps.co .
The Seller uses cookies. These cookies are only placed if the Customer gives their consent.
Indeed, this approach allows the Seller to identify the Customer: cookies are used for the sole purpose of personalizing the service offered as best as possible.
A cookie allows information to be obtained concerning the navigation of the Client's computer on the Site.
The Customer, however, has the option of configuring their browser settings to restrict or refuse the recording of these cookies and will still be able to browse the Site.
To learn more about the Seller's personal data protection policy, please consult the following document: Personal Data Protection Policy.
ARTICLE 13: INTELLECTUAL PROPERTY
The Seller's trademark, called ALYSCAMPS, registered with the INPI under number 18010858, as well as any photograph, illustration, images and logo appearing on the Products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo.
ARTICLE 14: ENTIRE AGREEMENT
The Order summary and the General Conditions of Sale constitute the entire contract between the Parties.
ARTICLE 15 – NULLITY OF A CLAUSE
If any of the provisions of these General Conditions of Sale were to be cancelled, this nullity would not entail the nullity of the other provisions of the General Conditions of Sale which will remain in force between the Parties.
ARTICLE 16: MEDIATION
In the event of a dispute, the Customer must address their complaint as a priority to the Seller by contacting them either by email at the following address: contact@alyscamps.co , or by mail to the following address:
ARLESIAN COSMETICS SOCIETY
16 Republic Square
13200 ARLES.
If the claim request fails or if there is no response within two (2) months, the Client has the option of requesting mediation.
To do this, the Client will be asked to contact by mail:
CM2C
49, rue de Ponthieu
75008 PARIS.
ARTICLE 17: APPLICABLE LAW
The General Conditions of Sale and disputes arising from sales made on the Site are subject to the application of French law.
Any dispute arising from the validity, interpretation or execution of these terms and conditions shall be subject to the exclusive jurisdiction of the competent courts of TARASCON.