ARTICLE 1: DEFINITIONS
The terms and expressions referred to below, when preceded by a capital letter, have the following meaning for the purposes of interpretation and execution hereof:
Customer: designates 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 these
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 that are the subject of the Order, all taxes included, to which is added the price of the Delivery costs
Product : refers to 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 by 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 Trade and Companies Register of TARASCON under the 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 the “ Parties ”.
ARTICLE 2: PURPOSE AND SCOPE
The purpose of these General Terms and 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 the 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 opposable to the Customer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an Order.
In accordance with article 1127-2 of the Civil Code, the validation of the Order by its confirmation constitutes acceptance by the Customer 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 dated to date of which can be given to the Customer at his request.
ARTICLE 3: CONDITIONS OF ACCESS TO THE SITE AND IDENTIFICATION
Access to the Site is reserved for adults with a valid e-mail 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 disseminated on the Site.
Nevertheless, the Seller cannot guarantee the accuracy of the data appearing on the Site and declines all responsibility for any imprecision, inaccuracy, omission or modification that may appear in the information communicated on the Site.
The Seller also declines all responsibility for any direct or indirect damage resulting from fraudulent intrusion, in particular when this would lead to a modification of the information communicated or the impossibility of accessing it.
In case of inaccuracy or omission in the information provided, the Customer is kindly requested to contact the Seller at the following address: firstname.lastname@example.org .
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 access to the Site remain the sole responsibility of the Customer.
The Client can access the Site by typing the address: www.alyscamps.co in his 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 creation of a password will be requested from the Customer.
The Customer will receive a registration confirmation email to the email address he has provided, after validation of the registration form.
In order to connect to his account, the Customer will use his email address and his password.
This account allows access to the order history as well as the recording of data (surname, first name, delivery and billing postal address, email address, telephone number).
The login and password are strictly personal to the Customer.
The Customer ensures the confidentiality of his access data, which is his full responsibility, and bears any consequence of their disclosure, voluntary or not, to a third party.
Consequently, any connection is deemed to be made by the Customer or with his 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 the online purchase, the Customer can inquire about the characteristics of the Product he wishes to order.
For any additional information, the Customer may contact the Seller at the following address: email@example.com .
The Products comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing 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 the order, if one of the Products is no longer available, the Seller immediately informs the Customer.
The Order will then be sent without said Product and the Seller will refund the sums paid within 14 working days.
Within the framework of the AGEC law, ADEME has generated, for the ALYSCAMPS range, the unique identifier number FR249067_01IWQC (REP-Emballages) confirming that the Seller is subject to the principle of REP (Extended Producer Responsibility).
ARTICLE 5 – PRODUCT ORDERS
In order to place the Order, the Customer must carry out the following steps:
1. Go to the Site,
2. Create his account and / or connect to his account,
3. Fill your virtual basket by indicating the desired Products and quantities,
4. Check the elements of the Order and if necessary, correct the errors,
5. Fill in the information relating to the Delivery and the method of payment,
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 its payment is sent by the Seller as soon as possible.
When sending the Order, the Customer will receive a new email.
Any order modification by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for a Customer in his 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 force at the time of the Order.
The price to be paid by the Customer at the time of validation of the Order means the Total Price.
Nevertheless, 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 required to inquire 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 by Paypal.
The credit cards accepted are: Visa, Mastercard, American Express.
The Site uses the Stripe bank payment solution, which uses the latest and most reliable security systems, including PCI DSS certification. Stripe encrypts this data using the SSL protocol to guarantee 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 latter's data, 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 Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for 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 communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
The execution of the Order will be carried out after agreement of the bank payment center.
If the latter agrees, the account will be immediately debited and the order validated.
In case of refusal, and, consequently, impossibility of payment of the Total Price, the Order will be cancelled.
The Seller reserves the right to cancel any order due to a 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 combine all the PRODUCTS in a single order, two separate orders cannot be combined. The PRODUCTS are shipped mainly via Colissimo Suivi with a tracking number and delivered without signature, except for shipments outside France, where delivery with signature is mandatory. Furthermore, the Seller reserves the right to add the signature option or to change the carrier on a case-by-case basis.
When the delivery is made against signature, this is proof of the good reception 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 to 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 metropolitan France and Corsica:
- Colissimo 48h: five (5) euros, free from sixty (60) euros of purchases.
For Europe (excluding metropolitan France and Corsica):
- Colissimo international eight (8) euros , offered from one hundred and fifty (150) euros of purchases.
For countries outside Europe, except Asia:
- Colissimo international fifteen (15) euros outside Europe, offered from one hundred and fifty (150) euros of purchases.
The Delivery will be made to the address provided by the Customer, who will be solely responsible for a lack of Delivery 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 shop located in ARLES (13200), 16 Place de la République are as follows:
- Tuesday to Saturday from 10 a.m. to 7 p.m., except in summer when the shop is open Monday and Sunday
Delivery times for deliveries in Europe are three (3) to eight (8) working days.
During the holiday season, the Delivery Times may be extended but will not in any case exceed a period of thirty (30) working days.
During the holiday season, the Delivery Times may be extended but will not in any case exceed a period of thirty (30) working days.
However, the Seller being totally dependent on carriers, the delivery times indicated on the Site may thus be impacted by these service providers without the Seller being responsible for these delivery delays and the consequences that could result therefrom.
In the event of a delay in Delivery in relation 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 e-mail that the Delivery will take place with a delay.
The Customer may then decide to cancel the Order and will send a notice of cancellation of the Order to the Seller by e-mail.
In the event that the Order has not yet been dispatched when the Seller receives the Customer's notice of cancellation, the Delivery is blocked and the Customer is reimbursed for any sums debited within fifteen (15 ) calendar days following Seller's receipt of notice of cancellation.
In the event that the Order has already been shipped when the Seller receives the Customer's notice of cancellation, the Customer may still cancel the Order by refusing the package.
The Seller will then reimburse the sums debited and the return costs paid by the Customer within fifteen (15) working days of 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 the unsuitable Products, without having to justify himself.
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 articles.
In order to exercise his right of withdrawal, the Customer must make a declaration by post to the following address:
ARLESIAN COSMETICS COMPANY
16 Republic Square
or by email to firstname.lastname@example.org .
The Customer is required to return the Products, within fourteen (14) working days following the communication of his 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, 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 after receipt of the Products.
ARTICLE 10 – LEGAL GUARANTEES
The Seller is subject to the conditions of legal guarantees 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 comply with 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L. 217-5 of the Consumer Code :
“ The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item 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, given the public statements made by the seller, the producer or his representative, in particular 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 seller's attention 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 on account of the hidden defects of the thing sold which render 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 have paid less if he had known them. »
Article 1648 of the Civil Code:
“ The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect. »
ARTICLE 11 – RESPONSIBILITY
The Seller cannot under any circumstances be held liable for any damage resulting from the Customer's negligence concerning the sale on the Site.
The Seller's liability cannot be engaged in the event of non-performance or poor performance of the contract either because of the Customer, or because of the insurmountable and unforeseeable fact of a third party to the contract, or because of force majeure.
The Seller's liability is limited to the amount of the Order, i.e. the Total Price of the Order.
The Seller can in no way be held liable for damages resulting 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 to process the Order.
Indeed, the personal data communicated by the Customer when creating his account, validating an Order, submitting a notice 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 analyzes (statistics strictly confidential),
- Customer relationship management: sending newsletters, managing the customer account.
The Seller undertakes to preserve the confidentiality of the data collected during the Order.
When creating his account on the Site, the Customer will be able to choose whether he wishes to receive offers from the Seller and his partners.
In accordance with the Data Protection Act No. 78-17 of January 6, 1978 as amended and the General Data Protection Regulation No. 2016/679 of April 27, 2016, the Customer has a right of access , rectification, opposition, deletion subject to legitimate reasons, portability of data concerning him.
The Customer may request the execution of these rights by contacting the Seller by post at the following address:
ARLESIAN COSMETICS COMPANY
16 Republic Square
or by e-mail to the following address: email@example.com .
Indeed, this approach allows the Seller to identify the Customer: cookies are used for the sole purpose of personalizing the service offered as well as possible.
A cookie makes it possible to obtain information concerning the navigation of the Customer's computer on the Site.
However, the Customer has the possibility of configuring the parameters of his browser in order to restrict or refuse the registration of these cookies and will always be able to browse the Site.
To find out 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 brand, 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 trademarks, illustrations, images and logotypes, 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, logotype and more generally any distinctive sign intended to form a composite logo.
ARTICLE 14: ENTIRE AGREEMENT
The summary of the Order 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 cancelled, this nullity would not result in 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 his complaint in priority to the Seller by contacting him either by email at the address: firstname.lastname@example.org , or by mail to the following address:
ARLESIAN COSMETICS COMPANY
16 Republic Square
In the event of failure of the complaint request or in the absence of a response within two (2) months, the Customer has the option of requesting mediation.
To do this, the Customer will be asked to contact by mail:
73 boulevard de Clichy
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, execution of these will be the exclusive jurisdiction of the competent courts of TARASCON.