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General Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Beautybienetre , under number 1160410388 and whose registered office is located at chemin du Chute-Saint-Phillipe Qc J0W1A0. .
Hereinafter referred to as:
"Site": the "beautybienetre.com" website and all its pages, exclusive property of the Company.
"Products" or "Services": all products (material) and services (benefits) that can be purchased or provided, and subscribed to on the Site.
"Seller":beautybienetre, a legal entity or individual, offering its Products or Services on the Site.
"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes which are not within the scope of his commercial, industrial, artisanal or liberal activity".
The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, print them and/or
save them on a durable medium, before placing an order on the Site.
The Client acknowledges having read the GTC and accepts them in full.
Article 2 – Application of the GTC and purpose of the Site
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.
The GTC applicable to the Client are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notices, and the data charter of this Site.
This Site offers the online sale of Beauty and Wellness products.
Access to the Site is free and open to all Clients. The acquisition of a Product or a Service implies the Client's full acceptance of these GTC, who thereby acknowledges having fully understood them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance phrase for these GTC, for example, stating "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be considered to have the same value as a handwritten signature by the Client.
Acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
The Client acknowledges the probative value of the Seller's automatic registration systems and, unless proven otherwise, waives the right to dispute them in the event of a dispute.
Any Order for Products implies unreserved acceptance by the Client and their full and complete adherence to the General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly and prior derogation agreement from the Company.
Article 3 – Customer service
The customer service of this Site is accessible by e-mail at the following address: "contact@beautybienetre.com" via a form or by post to the address indicated in the legal notice. The Client must indicate in the e-mail their first name, last name, the subject of their request, and their Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by email atcontact@beautybienetre.com.
Article 4 – How to place orders and description of the purchase process
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photos on the Site are non-contractual and may vary significantly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
Hereinafter, "Cart" is defined as the intangible object bringing together all the Products or Services selected by the Client of the Site for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.
The validation date of the Order corresponds to the date of effective receipt of the full price including all taxes duly noted.
Article 5 – Prices and payment methods
Unless otherwise stated, the prices in the catalog are understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible contribution to processing and shipping costs.
Beauty Bien êtrereserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Site and can make payment by Credit Card, Bancontact, Apple Pay, or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only start from the effective date of receipt of payment by the Seller, who can prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.
Beauty Bien êtrewill archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized registers will be defined by the parties as proof of communications, orders, payments, and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays from postal services or other specific cases characteristic of delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in overseas departments and territories, the Client declares themselves the importer of the Product and accepts that in such a case, the Seller may be physically unable to provide them with accurate information on the total amount of fees relating to customs duties and formalities or import taxes applicable in the country where the Product's delivery is requested.
Unless otherwise indicated on the Site during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
In the event of a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the event of delivery to a mailbox, the client undertakes to immediately check the package and contact Beauty Bien-être support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Client's request to exercise the right of refusal.
If the Client's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Client upon receipt of the returned package to inquire about how they wish to proceed with their order. If the Client mistakenly refused the package, they can request reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders where shipping was free at the time of the original order.
In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract for the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Client when placing their order or, in the absence of a date or deadline indication when ordering, exceeding thirty (30) days from the conclusion of the contract, may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request by registered letter with acknowledgment of receipt, if, after having urged the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was issued, for the full amount paid. This clause is not intended to apply if the delivery delay is due to a force majeure event.
Special case of a package whose tracking number indicates that it has been "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating it has been "delivered", customer service may ask for additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by notably offering to immediately resend the products at their own expense.
Article 7 – Right of withdrawal and withdrawal form
The Consumer Client has fourteen (14) working days from the date of receipt of their ordered product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from the date Beauty Bien-être receives the refund request.
The Product must be returned in perfect condition, unopened (under blister if applicable), and unused. The Consumer Client can find a standard withdrawal form below for an order placed on the Site, to be sent to Beauty Bien-être. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.
The Client is advised to make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an inquiry with the postal services to locate it.
The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such demonstration has not taken place previously.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.
In accordance with article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
Beauty Bien-être - contact@beautybienetre.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract concerning the sale of the goods below:
Order number:
Name / Surname:
Phone number:
Email address:
Postal address:
Reason for claim:
Signature of Client(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies to any commercial guarantee that may be granted.
The consumer may decide to invoke the warranty against hidden defects of the sold item as defined by Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of invoking this warranty, the buyer has the choice between rescinding the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The reporting, suspension or interruption of the prescription cannot have the effect of extending the prescriptive period beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any defects in conformity existing at the time the Product is delivered. The guarantee of conformity can be exercised if a defect exists on the day the Product is taken possession of.
However, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.
"In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The SellerYOUR BRANDcannot be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. Regarding purchased Products, the Seller will not incur any liability for any indirect damages resulting from the present, loss of business, loss of profit, damage, or expenses that may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to material incompatibility, cannot give rise to any compensation, refund, or engagement of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, meaning if the Client is not a Consumer Client and the contract entered into for the materials, Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.
The Client expressly authorizes the use of the Site at their own risk and under their exclusive responsibility. In any event,YOUR BRANDcannot under any circumstances be held responsible for:
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals on the Site or if they are erroneous or incomplete.
Article 10 – Force majeure
In accordance with Article 1218 of the Civil Code, force majeure or fortuitous events are defined as events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible.
The occurrence of a force majeure event will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be canceled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.
The effective date of termination will be the date of the first presentation of the letter. In this scenario, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or an authorized third party, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly forbidden without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.
Any Client found guilty of infringement may have their account deleted without notice or compensation and without this deletion being constitutive of damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its representative.
The trademarks and logos contained on the Site may be registered byYOUR BRAND, or possibly by one of its partners. Any person proceeding with their representations, reproductions, interweaving, distributions, and redistributions incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The collected data are processed by the Site's contractual service providers who are responsible for packaging and distributing the ordered Products, as well as by the hosting provider of Shopify Inc., whose servers are secured and protected by a firewall.
The collected data are retained by the Company only for the time corresponding to the purposes of the collection mentioned above, which in no case exceeds five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.
The Client can exercise their rights by email at contact@beautybienetre.com.
Article 13 – Comments and other user suggestions
If the Client sends ideas, suggestions, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use and in any medium any comment that the Client sends to it.
The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Client undertakes to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client undertakes not to include in their comments any illegal, defamatory, offensive, or obscene content, and that they do not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.
The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any commitment regarding comments published by the Client or any third party.
Article 14 – Independence of Clauses
If any provision of the GTC is deemed illegal, void or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous agreements, written or oral. The GTC are not assignable, transferable, or sublicensable by the Client themselves.
A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.
Article 15 – Applicable law and mediation
The General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.
Indemnity
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of the terms, or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes that arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the Client's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator appointed by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Clients, approved for a period of three (3) years from [01/05/2019].
The European Commission's website describes the mediation process used and allows Clients to submit a mediation request online, accompanied by supporting documents.
The dispute cannot be examined by the Mediator if:
- the Client does not prove that they have first attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is currently being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within its scope of competence.
Mediation is free for the Client. If the Client seeks assistance from a lawyer, a third party of their choice, or an expert to defend them at any stage of the mediation, they will bear the costs themselves.
The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of recourse before a court. The parties remain free to submit their dispute to a judge within the framework of applicable legal provisions. In case of litigation before a judge, jurisdiction is attributed to the competent Estonian court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card. In this context, no amicable conciliation attempt will be accepted.
The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not affect the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.
Parts warranty:
The warranty is limited to 10 days following the purchase date under normal use conditions and excluding breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
All rights reserved – July 01, 2022
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing fromYOUR BRANDduring checkout and by initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please send HELP by SMS to the number from which you received the messages. You can also contact us at Beautybienetre.com or by email atcontact@beautybienetre.comfor more information.
We have the right to change any phone number or short code we use to operate the service at any time. You will be spared these opportunities. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, will not be received, and we will not be obliged to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can consult our privacy policy:https://DomainName/pages/politique-de-confidentialiteto determine how we collect and use your personal information.
