General Terms and Conditions of sales of the website
www.beautygarden.com
Updated on 14/08/2023
Preamble
These General Terms and Conditions of sales (hereinafter « GTC ») define the terms and conditions to which distance selling via the website www.beautygarden.com (hereinafter the « Website ») are subject between, on the one hand, the customer and, on the other hand La Ferme de Beauté, a French limited liability company with a capital of 50 000€, whose registered office is located at Auriac 19220, Le Bourg, registered under number 799 269 584 RCS BRIVE, with IDU number FR250560_01OASC (hereinafter www.beautygarden.com). Relations between the parties are exclusively governed by GTC in force when the customer places the order. www.beautygarden.com reserves the right to modify the GTC at any time, which take effect as soon as they are put online. The customer acknowledges having taken perfect knowledge of the GTC and fully accepts them by ticking "I read the General Terms and Conditions of sales and I adhere to them without reserve " during the validation of each order.
Article 1: Customer
Within the meaning of the GTC, a customer to which only the use of the Website is reserved is a natural person over 18 years old, acting as final consumer (i.e. not acting as a merchant), residing in the European Union and placing an order on the Website corresponding to the normal needs of a household. By ticking "I read the General Terms and conditions of sales and I adhere to them without reserve” upon validation of the order, the user declares perfectly satisfying the above definition of customer and having full legal capacity to make valid purchases.
Article 2: Controls
In order to ensure the security of transactions, to prevent frauds with means of payment on the Internet, and/or to make sure of the quality and the capacity of customer, 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.
Furthermore, the sale of products on the Website is exclusively reserved for the final consumer, a natural person who is not acting as a trader.
www.beautygarden.com reserves the right to cancel or refuse any order from a customer who does not satisfy the definition of a final consumer, who does not have the legal capacity to contract and/or with whom there would be a dispute relating to the placing or execution of a previous order.
Similarly, www.beautygarden.com reserves the right to cancel or refuse any order that clearly does not correspond to the personal consumption and use of a final consumer, including an order that would exceed the standards of an individual sale given the characteristics of the products, and / or an abnormally repetitive online order from the same person or several people with the same address or very close addresses.
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.
The products are only available for sale in the European Union and delivered only in metropolitan France, Andorra, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain within the limits of the stocks available when the order is placed.
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 return to stock.
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.
The prices take into account the VAT applicable on the date of invoicing and any change in the rate applicable to VAT will automatically be applied to the prices indicated. The VAT that will actually be paid by the customer will be the VAT in force on the date of the invoice.
These prices do not include shipping costs, charged in addition to the price of products purchased when the order is less than 59 € for France and 119€ for countries for which delivery is carried by www.beautygarden.com (excluding the purchase of gift vouchers). Delivery costs are indicated before the finalization of the order.
Promotional offers are only valid for one order per client account and over a given period of validity.
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. Users, like Internet users, also have the opportunity to view comments from other users.
Opinions and notes are for information purposes only and are binding only for users who have submitted them. This can in no way constitute a contractual element with www.beautygarden.com.
In addition, the mark immediately next to the product name is an average of the ratings given 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" if he does not already have one or log in with his username if he already has a customer account. This customer account is created either by clicking on “Create my account” on the home page of the Website or "sign in" on the home page of the Website or at the identification stage when placing an order.
To create the “customer account” from the home page of the Website, the customer must:
> click on “Create my account” ,
> fill in the required fields,
> accept the General Sales Conditions and the Privacy Policy by ticking “I read the General Terms and conditions of sales and I adhere to them without reserve”,
> validate the account creation.
A summary email is then sent to the customer to confirm his registration on the Website.
To place the order, the customer proceeds as follow:
Step 1: the customer selects the product (s) he wishes to purchase by clicking on "Add to cart". The content of the shopping cart can be checked and modified at any time by clicking on "View cart". The customer can thus take note of an estimate of delivery costs.
For all products covered by the deposit option, customers can choose to tick the "Deposit option" to return their empty packaging(s) to www.beautygarden.com after use (see Article 6.4 of these General Terms and Conditions).
Step 2: the customer validates his shopping cart by clicking on "Checkout".
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 to continue the order by clicking on "Create my account".
The customer may, if he wishes, use a coupon code or a discount voucher from the loyalty/sponsorship program or from a gift voucher, the value of which will be directly deducted from the amount due on the order placed.
No accumulation of discounts will be possible between a coupon code and a voucher or between two vouchers.
Step 4: the customer chooses his delivery and billing address. If the billing address is different from the delivery address, the customer must click on “Billing address differs from shipping address” and then fill in the required fields. The customer validates by clicking on “Continue”.
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”. If the customer has chosen to pay by credit card (Visa or Mastercard), he will be redirected to a payment page. The customer must then enter his credit card number, the expiry date of the card and the three digits of the visual cryptogram on the back of the card. If the customer has chosen a payment by Paypal, he is redirected to the Paypal identification page.
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”.
Article 5: Payment of the order
Article 5.1: Terms of payment of the order
The payment of purchases is made exclusively on the Website in euros (€).
The payment of the full price is due at the validation of the order. www.beautygarden.com will not carry out an order which would not be entirely paid and reserves the right to suspend or cancel any order in case of n fraud or attempted fraud in the use of the Website.
The customer, to pay for his order, can use the following means of payment:
> credit card: Carte CB, Visa or Mastercard
> Paypal
Regardless of the means of payment chosen, the amount of the order is debited at the time the order is placed.
Article 5.2: Secure payment online
To ensure the security of payments, www.beautygarden uses the secure payment service of Crédit Agricole and the secure payment service of Paypal.
Article 6: Delivery of the order
Article 6.1: Terms of delivery
The products are only delivered in Metropolitan France, Andorra, , Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Germany, , Estonia, Hungary, Italy, Latvia, Lithuania, , Luxembourg, the Netherlands, Poland, Portugal, , Romania, Slovakia, Slovenia and Spain by the postal services (Colissimo de la Poste) at home or at a relay point for France.
The customer must verify the completeness and conformity of the information concerning the delivery address that he provides to www.beautygarden.com. www.beautygarden.com cannot be held responsible for any errors in the wording and the consequences that would ensue such as a delay and / or an impossibility of delivery.
For any order placed before nine o'clock (am), the delivery takes place within a maximum of 3 working days. For any order placed after nine o'clock (am), the delivery is carried out within a maximum of 4 working days. Sundays and public holidays are not considered as working days. The delivery period begins to run as soon as the automatic email confirming the order is sent by www.beautygarden.com.
These delivery times are given subject to the delivery capacities of La Poste and the respect by the latter of its own delivery times.
The customer must check the condition of the package upon receipt. If, even before opening, the package is damaged, the customer must proceed as follow:
- in the case of home delivery, for a package delivered to the customer or to any person present at the home or in the case of delivery at a relay point, the customer is required to refuse delivery at the time of delivery;
- in the case of home delivery, for a package delivered in a letter box, to a neighbor, a concierge or a guardian, the customer is required to refuse delivery by returning the package to the post office no later than the business day following its distribution to request its return to the sender without new postage.
In case of non-conformity 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 to the following address: hello@beautygarden.com.
In this case, the customer chooses between requesting a refund, requesting an exchange for the same product subject to availability or requesting an exchange for a product of the same value.
The products must imperatively be returned in their original packaging and in the state in which they were received by the customer. The customer is charged for the cost of returning the package, it is also up to him to provide proof of the return of the package.
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 customer’s order.
Article 6.2: Shipping cost
The delivery costs are charged in addition to the price of the products purchased and indicated on the Website. These delivery costs are indicated to the customer throughout the order process, in the "Shopping cart" section, as well as at the time of validation of the shopping cart, and during the ordering process.
Delivery costs are offered from 59 euros of purchase.
By default the delivery costs indicated are those applicable to deliveries for Metropolitan France. In case of delivery in Germany, Belgium, Bulgaria, Croatia, Andorra, Denmark, Spain, Estonia, Hungary, Italy, Lithuania, Latvia, Luxembourg, Poland, Portugal, Czech Republic, the Netherlands, Romania, Slovakia, Slovenia the applicable delivery costs will be indicated from step 4 of the order.
Article 6.3: delivery tracking
The customer can contact customer service by phone, by email or by chat for any question related to his order.
Article 6.4: The deposit option
Upon the purchase on the Site, and for products identified on the Site as "returnable containers", the customer can opt for the deposit option to be able to return the empty packaging(s) to www.beautygarden.com for reuse and/or recycling.
An additional fee of 2€ will be charged for each container returned as a deposit. On delivery of the order, customer will receive a pre-stamped returns label enabling them to return the empty returnable packaging(s) to www.beautygarden.com. In return, www.beautygarden.com will credit 3€ to the customer's loyalty account (see article 7.3 of the General Terms and Conditions) for each product ordered with the "deposit option", on receipt of the returnable packaging by www.beautygarden.com.
Only the packaging of products identified on the Site as being offered with the "deposit option" must be returned with the pre-stamped label provided by www.beautygarden.com.
The customer undertakes to use the deposit in accordance with these GTC and the conditions of use established by www.beautygarden.com. Failing that, www.beautygarden.com reserves the right to review or cancel the benefit granted to the customer.
The terms and conditions of use of the "deposit option" can be consulted by the customer here.
Article 7: Programs
7.1 General
www.beautygarden.com proposes to the customer a loyalty program allowing to credit on a kitty for each order 2% of the amount including all taxes of the aforementioned order (except carriage costs), the amount cumulated on the kitty being able to be converted into coupons and used as of the following order.
Also, www.beautygarden.com proposes to the customer a sponsorship program allowing to credit 10 € (ten euros)of the first order for a minimum of 35 € including of taxes placed by a new customer who does not already have a customer account and has used the sharing code or link (hereinafter referred to as the "sponsoree"), the amount accumulated on the kitty being able to be converted into vouchers and used from the next order. The sponsoree will benefit a discount of 10 € (ten euros) on the amount of his first order for a minimum of 35 € including of taxes if he used the sharing link, the QR code or the discount code shared by the customer.
The sharing information (sharing link, QR code and discount code) is available on the customer account, under the heading "Sponsorship Program".
www.beautygarden.com reserves the right, at any time, to modify the terms of operation of these loyalty/sponsorship programs or to cancel them.
www.beautygarden.com cannot guarantee that the unused kitty will be reusable in any form whatsoever in the context of an evolution or a definitive stop of these programs.
No modification or cancellation of the loyalty/sponsorship programs will entitle the customer to any compensation.
7.2 Accession
Membership in the loyalty programs is automatic and free. Membership in the sponsorship program requires the use of the sharing link, the promotional code or the QR code.
Each customer is deemed to have accepted the operating conditions of the loyalty program when creating his customer account, or failing that, by accepting these GTC when placing an order. Regarding the operating conditions of the referral program, they will be deemed accepted when the customer uses the sharing link, the discount code or the QR code.
7.3 Kitty
No amount will be credited to the kitty for any purchase of care gift cards and/or promotional products.
The amount credited to the kitty can neither be transferred to a third party, nor reimbursed by www.beautygarden.com.
The loyalty and sponsorship programs are not cumulative on the same order.
The customer can consult at any time the balance of his kitty on "My Account" in “My rewards" or "Loyalty Program" specifically concerning the loyalty program. It being specified that the update of the balance takes place once the payments have been received by www.beautygarden.com.
If the customer cancels his order or returns some or all of the products ordered, then the amount credited to the kitty for the cancelled order or returned products will be debited from the kitty.
7.4 Operation
7.4.1 Conversion
The customer will have to convert his kitty in whole or in part into a coupon in "My Account", "My rewards". The customer chooses the amount to convert within the limit of the amount in the kitty. This discount coupon is materialized by a nominative coupon code.
No time limit is imposed by www.beautygarden.com to the customer to convert the amount credited on the kitty.
This conversion can be done at any time on the customer's account, in the tab "My rewards", "convert into vouchers", or during the order validation by clicking on "Convert now".
After conversion, the coupons are accessible in "My account", tab "vouchers".
7.4.2 Use
The vouchers are valid for all products in the online store.
The vouchers cannot be accumulated. Only one voucher can be used per order.
The vouchers are valid for one month after their conversion. The expiration date of the vouchers is indicated in "My account", tab "vouchers".
There is no minimum order size to use a voucher. No credit will be issued if the order amount is less than the voucher.
If a voucher has been used on a cancelled order, the voucher will be permanently lost.
Any conversion of the kitty into a voucher is final. The customer cannot cancel the conversion or change the converted amount.
7.5 Liability
The customer agrees to use the loyalty / sponsorship program in accordance with these GTC. In defect, www.beautygarden.com reserves the possibility of revising the advantage from which the customer benefited under the program of fidelity/sponsorship.
Article 8: Right to withdraw
In accordance with Article L. 221-18 of the French Consumer Code and following, the customer has a legal right of withdrawal which he can exercise within 14 (fourteen) clear days, without having to justify his decision or bearing any costs other than those corresponding to the cost of returning the product(s) ordered.
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, Sunday or a public holiday or non-working day, it is extended until the first following working day. The customer can exercise his right of withdrawal from the conclusion of the sale contract.
The right of withdrawal is exercised using the form available here. The form must be downloaded, completed and returned to hello@beautygarden.com before the expiration of the withdrawal period.
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, CENTRE LOGISTIQUE GROUPE SOTHYS
LA FERME DE BEAUTE
ZAC DE LA GARE
19270 – USSAC
France
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 who must also provide proof of the return of the package.
Any return made in accordance with the terms of this article shall give rise to a refund of all sums paid by the customer for the purchase of the product in question and its delivery, according to the same payment means 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 effective 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.
If the products are not returned within 14 (fourteen) days following the communication by the customer of his decision to retract, no reimbursement will be made.
Article 9: Liability
www.beautygarden.com is exempt from all or part of its responsibility in the event of non-performance or poor 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.
The Website is accessible 24 hours a day and 7 days a week, except in the event of an interruption, scheduled or not, for the need of its maintenance, or in the event of force majeure. Being in fact subject to an obligation of means, www.beautygarden.com cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Website; the interruption of this access cannot give rise to compensation.
In addition, www.beautygarden.com declines all responsibility for any occurrence of bugs, any damage resulting from fraudulent intrusion by a third party leading to a modification of the information appearing on the Website, and, more generally, any damage, direct or indirect, whatever the causes, origins, natures or consequences.
Article 10: 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 11: Guarantee
The products sold by www.beautygarden.com benefit from the legal guarantee of conformity envisaged in the articles L 217-4 and following of the French Consumer Code as well as the legal guarantee of the defects of the thing sold envisaged by articles 1641 and following of the French Civil Code.
www.beautygarden.com is required to deliver a good in conformity with the order placed by the customer and must answer for the defects of conformity existing at the time of the delivery of this good.
A good is deemed to be in conformity when:
1°) it is suitable for the use ordinarily expected of a similar good and, if applicable:
- corresponding to the description given by the seller and possessing the qualities that the seller has presented to the buyer in the form of a sample or model;
- having the qualities that a buyer can reasonably expect with regard to public statements made by the seller or its representative, particularly in advertising or labelling.
2°) having the characteristics defined by mutual agreement between the parties or being suitable for any special use sought by the buyer, notified to the seller and accepted by the latter.
When the customer acts as a legal warranty, he benefits from a period of 2 (two) years from the delivery of the goods to act under a legal warranty of conformity; he can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-12 of the French Consumer Code.
The customer is exempted from providing proof of the lack of conformity of the goods during the 24 (twenty-four) months following the delivery of the goods, with the exception of second-hand goods sold where the aforementioned period is reduced to 6 (six) months.
The legal guarantee of conformity applies regardless of any 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 French Civil Code; in this case, the customer can choose between the cancellation of the sale or a reduction of the selling price in accordance with article 1644 of the French 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 French 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 www.beautygarden.com (Cf. Article 18).
Article 13: Confidentiality and personal data
Article 13.1: Information processing
As part of your user experience on our Website, we may collect personal data about you. For more information.
Article 13.2: Use of cookies
In order to improve the Website’s attractiveness and functionality and to help www.beautygarden.com to provide the customer with better quality of information and services, www.beautygarden.com may collect data relating to the use of the Website via cookies. For more information.
Article 14: Evidence – Archiving data
www.beautygarden.com will keep the proof of written communications, orders, payments, invoices, deliveries and transactions made on the Website on a reliable and durable support.
In addition, by express agreement between www.beautygarden.com and the customer, the emails are proof between the parties as well as the automatic registration systems used on the Website, in particular as regards the nature and date of the order.
Article 15: 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 16: 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.
Article 17: 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 must first contact our consumer service (our complete contact details are mentioned in article 18 “Contact us” hereafter). The customer and www.beautygarden.com will then seek an amicable solution.
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/.
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.
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 18: Contact us
LA FERME DE BEAUTE
Le bourg
19220 AURIAC France
Siren : RCS 799 269 584 Brive
Phone. : 05 55 17 39 19
E-mail : hello@beautygarden.com