General Terms and conditions of sales of the website
Updated on 28/08/2019
These general conditions of sales (hereinafter « GTC ») define the terms and conditions under which distance selling are subject via the website www.beautygarden.com (hereinafter the « Website ») between, on the one hand, the customer and, on the other hand the company La Ferme de Beauté, SARL with a capital of 50 000€, having its head office at Auriac 19220, Le Bourg, registered with the registrar of companies of Brive la Gaillarde under number 799 269 584 (hereinafter www.beautygarden.com). Relations between the parties are exclusively governed by GTC in force of placing the order by the customer. www.beautygarden.com reserves the right to modify at any moment the GTC that come in force at the moment they are posted online. The customer acknowledges having taken full knowledge of the GTC and accepts fully by clicking on "I read the terms and conditions of sales and I adhere without reservation" during the validation of each order.
Article 1 : Customer
Within the meaning of the GTC, is a customer, to which only the use of the Website is reserved, any natural person over 18 years old, residing in European Union and passing on the Website an order corresponding to the normal needs of a household. By clicking on "I read the general conditions of sales and I adhere to it without reserve", the user declares perfectly meet the above definition of the customer and has full legal capacity to validly make purchases.
Article 2 : Controls
In order to ensure the security of transactions,to prevent frauds with means of payment on Internet, or to make sure a customer is over the age of majority, www.beautygarden.com reserves the possibility of checking the reliability of the information entered during the registration of the order and to ask the customer one or more supporting documents. www.beautygarden.com reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the issue or execution of a previous order.
Article 3: Products and price list
Article 3.1: Characteristics and availability of the products
The products whose sale is subject to the GTC are those presented on the Website on the day of the consultation by the user. www.beautygarden.com reserves the right to change the assortment at any time.
The products sold on the Website comply with French regulations. It is the customer's responsibility to ensure their compliance with applicable local regulations.
The customer is informed of the essential characteristics of the products through the description which is made on the Website in accordance with Article L111-1 of the French Consumer Code.
The products are only available for sale in the European Union and delivered only in metropolitan France, Belgium, Andorra, Denmark, Spain, Luxembourg, Poland, Portugal, the Czech Republic, the Netherlands, within the limits of the stocks available when the order is placed.
For any order for which the customer would like a delivery outside these countries, the customer will organize and take in charge, under its sole responsibility and at its own expense, the delivery of products from the warehouse of La Ferme de Beauté to the delivery address chosen by him.
Products that are temporarily unavailable are indicated by a mention on the Website "Victim of its success". The customer can communicate his email in order to be informed of the product return.
Any order that clearly does not correspond to the consumption and personal use of a customer, including an order that exceeds the standards of an individual sale given the characteristics of the products, and/or an unusually repetitive online order from the same person or from several persons with the same address or very close addresses may be considered null and void.
Article 3.2 Price list
The selling prices of the products offered on the Website are indicated in euros all taxes included (T.T.C.), and are those displayed on the Website at the time of placing the order by the customer.
These prices do not include shipping costs, charged in addition to the price of products purchased. The delivery costs are indicated before the finalization of the order.
Article 3.3 Notes and comments
Users have the possibility to leave a comment and rate the products on a scale of one to five stars.
Opinions and notes are exclusively informative. This can in any way constitute a contractual element with www.beautygarden.com.
In addition, the mark presented immediately next to the product name is an average of the ratings assigned by users for the product under consideration. It is therefore susceptible of evolution.
Article 4 : Order taking
To make purchases on the Website, the customer must first proceed to the creation of a "customer account". This account is created either by clicking on “My account” on the home page of the website or "connect" on the home page of the Website or at the identification stage when placing an order.
To create the “account”, the customer must:
> click on "My Account" or "Login", on "sign in" or "create an account",
> validate the creation of the account.
A summary email is then sent to the customer to confirm his registration on the Website.To place the order, the customer proceeds as follows:
If the customer already has a “customer account”, the customer clicks on “My account” or “Login” then fills in the email and password then click on sign in.
Step 1 : the customer selects the product (s) he wishes to acquire by clicking on "add to cart". The content of the shopping basket is verifiable and modifiable at any time by clicking on "My cart".
The customer can take note of an estimate of delivery costs.
Step 2 : the customer validates his shopping cart by clicking on "Checkout" or “proceed to checkout”. The
Step 3 : the customer identifies himself by logging into his account by clicking on "login". If it is a first order, he creates an account (new customer) to continue the order by clicking on "create an account".
Step 4 : the customer choose his delivery and billing address. The customer can choose a billing address which is different from the delivery address by clicking on “Billing address differs from shipping address”. The customer clicks on “continue” to proceed with the order validation process.
Step 5 : the customer chooses the delivery method and then clicks on “continue” to access the payment.
Step 6 : the customer chooses the means of payment, i.e. “Pay with PayPal” or “Pay by Card ”, ticks “I have read the General Terms and Condition of sale and I adhere to them without reserve” then definitively validates his order by clicking on “Order with an obligation to pay.
Step 7 : the customer then receives a confirmation email summarizing the characteristics of his order and a link to download the General Terms and Conditions of sale. The customer can consult his invoice at any time on his account in “Order history and details”. An order summary will then be attached to the package.
Article 5 : Payment of the order
Article 5.1 : Terms of payment of the order
The payment of the full price is due to the validation of the order. www.beautygarden.com will not execute any order that is not fully paid.
The customer, to pay for his order, can use the following payment methods:
> credit card: CB cart, Visa or Mastercard
Article 5.2 : Secure payment online
To ensure the security of payments, www.beautygarden.com uses the secure payment service of Crédit Agricole or the secure payment service of Paypal.
Article 6 : Delivery of the order
Article 6.1 : Terms of delivery
The products are only delivered in mainland France, in Belgium, in Andorra, in Denmark, in Spain, in Luxembourg, in Poland, in Portugal, in Czech Republic, in the Netherlands, by the postal services (So-Colissimo de la Poste) by home delivery or a relay point delivery. For any order placed before nine o'clock, the delivery takes place under a maximum delay of 3 working days.For any order placed after nine o'clock, the delivery is carried out under a maximum delay of 4 working days. The delivery period begins to run upon the sending of the automatic email order confirmation by www.beautygarden.com.
The customer must verify the completeness and the conformity of the information concerning the delivery address that he provides to www.beautygarden.com. The latter cannot be held responsible for any errors in the wording and consequences that would result such as a delay and / or an impossibility of delivery.
The customer must check the condition of the package at the reception. If, even before any opening, the package is damaged, the customer shall proceed as follows:
- in the case of a home delivery, for a package delivered to the customer or to any person present at the domicile or in the case of a relay point delivery, the customer is required to refuse delivery at the time of distribution;
- in the case of home delivery, for a package delivered in mailbox, to a neighbor, a concierge or a guard, the customer is obliged to refuse delivery by returning the package to the post-office no later than the working day following its distribution to request its return to the sender without further postage.
In case of non-compliance of all or part of the products appearing at the opening of the package, the customer must imperatively inform by email www.beautygarden.com within 3 days of receipt of the package.
In this case, the customer chooses between requesting the refund, requesting the exchange for the same product subject to availability or requesting the exchange for a product of the same value.
Products must be returned in their original packaging and in the condition in which they were received by the customer.The possible expenses of the return of a product by way of exchange are the responsibility of www.beauty.garden.com, in case of error in the preparation of the order of the customer.
For any order which the customer would like a delivery outside these countries, the latter will organize and will take charge, under its sole responsibility and at its expense, the delivery of products from the warehouse of La Ferme de Beauté to the delivery address chosen by him.
Article 6.2 : shipping cost
The delivery costs are charged in addition to the price of the products purchased. These delivery costs are indicated to the customer throughout his order, in the box "cart", as well as at the time of the validation of the basket, before the final validation of the order by the customer.
Delivery costs are offered from 49 euros of purchase.
By default the delivery charges indicated are those applicable to deliveries for Metropolitan France.
In case of delivery in Belgium, in Andorra, in Denmark, in Spain, in Luxembourg, in Poland, in Portugal, in Czech Republic, in the Netherlands, the applicable delivery charges will be indicated from step 4 of the order.
Article 6.3: End of geoblocking within European Union
A customer belonging to a member state of the European Union not listed in the countries referred to in Article 3.1 may order products on the Website. In this case, he will be responsible for the delivery of products from the warehouse of La Ferme de Beauté to the address chosen by him, at its own costs.
Article 7 : Right to retract
In accordance with Article L. 221-18 of the Consumer Code, the customer has a legal right of withdrawal which he can exercise within 14 (fourteen) clear days, without either having to give reasons for his decision nore bear other costs than those corresponding to the cost of return of the ordered products.
This period runs from the day of receipt of the package containing the ordered products concerned, it being specified that the day of the starting point of this period does not have to be taken into account in the calculation of the 14 (fourteen) days.When the period of 14 (fourteen) days expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next working day. The customer can exercise his right of withdrawal from the conclusion of the contract of sale.
The right of withdrawal is exercised using the form available here (PDF format) or available here (Word format).
In order for the deadline to be respected, it is sufficient for the customer to download the form, complete it and return it to email@example.com before the withdrawal period expires.
The products must not have been used / opened and returned in perfect condition in their original packaging. Products are to be returned to the following address:
SIMAH, SOTHYS LOGISTIC CENTER SOTHYS GROUP
LA FERME DE BEAUTE
ZAC DE LA GARE
19270 – USSAC
within 14 (fourteen) days from the date on which the right of withdrawal was exercised.
The costs of return are the sole responsibility of the customer to whom it is also necessary to provide proof of the return of the parcel.
Any return made in accordance with the terms of this article will result in a refund of all amounts paid by the customer for the purchase of the product in question and delivery, according to the same payment method used by the customer,at the latest within 14 (fourteen) days from the date on which the right of withdrawal has been exercised, subject to the actual receipt of the products concerned. In the event that the products concerned have not been received within this period by www.beautygarden.com,the refund will be deferred until actual receipt of said products by www.beautygarden.com.
Article 8: Responsibility
www.beautygarden.com is exempt from all or part of its responsibility in the event of non-performance or improper performance of the contract attributable either to the consumer or to the unpredictable and insurmountable fact of a third party to the contract or to a case force majeure
Article 9: Force majeure
Neither party shall be liable for the total or partial non-performance of its obligations under the GTC if such non-performance is caused by an event constituting force majeure.
In addition to events meeting the criteria set by the jurisprudence of the Court of Cassation and legislation, any event, including but not limited to any epidemic accompanied by public health measures, preventing the performance of obligations under the GTC and which could not be overcome despite due diligence on the part of the party subject to it, shall be regarded as a case of force majeure.
The party invoking a force majeure event shall notify the other party within five (5) business days of the occurrence of such event. The parties agree that they must consult each other as soon as possible in order to determine together how the order will be carried out during the period of the force majeure event. Beyond a delay of one (1) month of interruption due to force majeure, www.beautygarden.com may not honour the order, and it will reimburse the customer if necessary.
Article 10: Guarantee
The products sold by www.beautygarden.com benefit from the legal guarantee of conformity envisaged in the articles L 211-4 and following of the Code of the Consumption as well as the legal guarantee of the defects of the sold thing envisaged by articles 1641 and following of the Civil Code.
When the customer acts as a legal guarantee, he:
- has a period of 2 (two) years from delivery of the property to act;
- may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempted from reporting the proof of the lack of conformity of the good during the 24 (twenty-four) months following the delivery of the good, with the exception of the goods sold of used where the aforementioned period is reduced to 6 (six) months.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.
In addition, the customer may decide to implement the guarantee against hidden defects of the thing sold, in accordance with Article 1641 of the Civil Code; in this case, the customer can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
In case of implementation of the warranty against hidden defects, the customer has a period of 2 (two) years from the discovery of hidden defect to act in accordance with Article 1648 of the Civil Code.
Article 11: Cosmetovigilance
In the event of an undesirable event occurring during or after the normal or reasonably foreseeable use of a product and which is not necessarily related to the product, the customer may make any report to LA FERME DE BEAUTE (Cf. Article 17).
Article 12 : Confidentiality and personal data
Article 12.1 : Information processing
As part of your user experience of our Website, we collect personal data about you. For more information.
Article 13 : Evidence – Archiving data
www.beautygarden.com will keep the proof of written communications, orders, payments, invoices,deliveries and transactions made on the site on a reliable and durable support.
In addition, express agreement between www.beautygarden.com and the customer, the emails shall constitute proof between the parties as well as the automatic registration systems used on the Website, including the nature and date of the order.
Article 14 : Invalidity of a provision
In the event that any one or more provisions of these GTC are, for any reason whatsoever, deemed null or unenforceable, such nullity or unenforceability shall not affect any other provision of these GTC.
www.beautygarden.com will replace the said provision(s) with a valid and enforceable provision(s) that complies with the legal and regulatory provisions.
Article 15 : Entire contract
The GTC and the order summary communicated to the customer form a contractual whole and constitute the entirety of the commercial relations between www.beautygarden.com and the customer.
In case of any contradiction between these documents, these GTC will prevail.
Article 16 : Applicable law and language – Mediation - Jurisdictions
These CTC and the sales contracts relating to sales made on the Website are governed by French law. The language applicable to the sales contract and to any dispute relating thereto is French.
In the event of litigation, the customer will have to address to our consumer service (our complete contact details are in article 17 “Contact us” hereafter). The customer and www.beautygarden.com will then seek an amicable solution.
In accordance with article 14.1 of the EU Regulation n°524/2013, the customer will also have the possibility of using the online platform for dispute resolution free of charge, at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR.
In accordance with the provisions of consumption code concerning the amicable settlement of disputes, www.beautygarden.com has adhered to the services of the Centre de Médiation et d’Arbitrage de Paris (CMAP) (hereinafter the “Mediator”) whose contact details are the following : 39 avenue Franklin Delano Roosevelt, 75008 Paris – https://www.cmap.fr. Consequently, failing an amicable agreement with www.beautygarden.com, the customer may submit the dispute to the Mediator free of charge. To fin find out how to contact the Mediator, the customer may consult: https://www.cmap.fr/offre/un-consommateur/.
If the dispute persists, the French courts have sole jurisdiction to hear any dispute relating to the contract concluded between www.beautygarden.com and the customer, even in case of plurality of defendants.
Article 17 : Contact us
LA FERME DE BEAUTE
19220 AURIAC France
Siren : RCS 799 269 584 Brive
Phone. : 05 55 17 39 19
E-mail : firstname.lastname@example.org