PREAMBLE
https://www.charlottebio.fr/ is an e-commerce site accessible via the Internet at the address https://www.charlottebio.fr/ (hereinafter referred to as the "Site"). It is open to any user of this network. It is published by the company CBB with a capital of €51,000, whose registered office is located at 124 rue Reaumur, 75002 Paris, registered in the Paris Trade and Companies Register under number 812 694 495 000 27.
The Site allows CBB to offer beauty products for sale to Internet users browsing the Site.
The buyer, prior to placing an order, declares that he has full legal capacity, allowing him to commit to these general conditions of sale.
Any order for a product offered on the Site implies consultation and express acceptance of these general conditions of sale, without this acceptance being conditioned by a handwritten signature on the part of the user. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of Article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form as specified in Article 3.3. below, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
The products are offered for sale in the following geographical area: Metropolitan France + DOM TOM, Belgium, Spain, Italy, Austria, Ireland, Portugal, Netherlands, Germany, Luxembourg
It is specified that the user can save or print these general conditions of sale, provided however that they are not modified.
1. PURPOSE
The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by the company CBB of the products offered on its website.
CBB reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the buyer's order.
2. PRODUCTS AND PRICES
2.1. PRODUCTS
In accordance with Article L. 111-1 of the Consumer Code, the user may, prior to ordering, find out, on the Site https://www.charlottebio.fr/, the essential characteristics of the product(s) he wishes to order.
The buyer selects one or more products from the different categories offered on the website https://www.charlottebio.fr/.
The offers presented by CBB are valid while stocks last. CBB reserves the right to modify the product assortment depending in particular on constraints related to its suppliers.
The photographs, graphics and descriptions are created to be as close as possible to the reality of the product sold. In the event that a supplier changes the aesthetics of an accessory, the graphic representation of the latter cannot affect the sale, if the product remains identical elsewhere. The seller undertakes to modify the visual as soon as possible.
2.2. PRICE
The sales prices of products online on the website https://www.charlottebio.fr/, indicated in euros, are those in effect at the time the purchase order is registered by the buyer.
They do not include shipping and order processing costs, which are charged in addition to the price of the products purchased depending on the amount of the order. Shipping costs will be indicated before the order is registered by the buyer.
Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by CBB on its website.
Product sales prices may be modified at any time. This modification will be notified to the buyer before any order.
NB: The promotional codes and discounts offered on the website www.charlottebio.fr are exclusively reserved for orders for personal use and are strictly prohibited for any resale activity. For professional customers and for all resale purposes, our products are available on the AnkorStore or Faire platforms. Any order placed in this context will be cancelled, refunded, and the customer will be informed.
3. REGISTRATION AND VALIDATION OF THE ORDER
3.1. NAVIGATION WITHIN THE SITE
The user can view the various products offered for sale by CBB on its website. The user can freely browse the various pages of the website, without being committed to an order.
The user is responsible for telecommunications costs when accessing the Internet and using the site.
3.2 ORDER
Any order implies unrestricted and unreserved acceptance of these general conditions of sale.
From the moment the buyer has registered his order by clicking on the "Continue to payment" icon, he is considered to have knowingly and unreservedly accepted these general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.
If the user wishes to place an order, he will choose the different products in which he is interested, and will express this interest by clicking on the "Add to cart" box.
At any time, the buyer may:
- obtain a summary of the products he has selected or modify his order, by clicking on "My Basket" accessible at the top right of each page
By clicking on "View basket", the customer will have access to the summary of their order: the nature, quantity and price of the products selected by the buyer, as well as the total amount of the order.
To order the products he has thus chosen, the buyer will click on "Place order". The buyer will then have to identify himself, either by entering his e-mail address and password, if he has a customer account, or by accurately filling out the form made available to him, on which he will include in particular the information necessary for his identification with his surname, first name, postal address.
The buyer is informed and accepts that entering any identifier constitutes proof of his identity and manifests his consent.
3.3. FINAL VALIDATION OF THE ORDER
After having reviewed the status of his order, and once all the requested information has been completed by the buyer, the latter will choose the payment method he wishes to use to pay for his order, it being understood that the buyer must have the means of payment as defined in article 4. below. He will click on the button corresponding to the payment method he has chosen. He will then click on the box "Continue to payment" to pay for his order.
The sale will only be considered final after CBB has sent the buyer confirmation of the order and received payment in full.
Any fraudulent order or order presumed to be fraudulent will be considered null and void by CBB.
Order validation and modification
It is not possible to modify an order placed, except in these specific cases: - express request by email to contact@charlottebio.fr within 15 minutes of order validation. The request must be clear and explicit to be processed upon receipt of the email (modification of logistics information, delivery method if the conditions of the order allow it, modification of a product of the same value, modification of postal address, deletion and refund of a product, cancellation of an order). However, adding a product is not possible.
The request can only be processed during business hours: Monday to Friday, excluding public holidays, from 9 a.m. to 5 p.m. As the modification or cancellation of an order requires human intervention, CBB reserves the right not to be available at the time of the user's request and therefore not to be able to honor the request. The user will then be informed by return email.
If the order is in the "being prepared" or "prepared" status, it cannot be modified. In this case, if the customer wishes to modify or cancel their order, they have two options:
- refuse the order at the time of delivery (if delivered in person) or not collect it from the relay point (if delivered to a collection point),
- return the order (at your expense) to our logistics platform.
As soon as the order is returned to us and after checking the products, we will proceed to refund it.
4. PAYMENT
Payment must be made by the buyer at the time of ordering. At no time can the amounts paid be considered as a deposit or down payment.
All orders are payable in euros. The buyer guarantees to CBB that he/she has the necessary authorizations to use the payment method he/she has chosen when registering the order form.
CBB reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the buyer, in the event of a payment incident or in the event of an existing dispute with the buyer.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to unpaid amounts after a period of ten days following the invoice date or upon notification of rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.
For any payment, CBB reserves the right to request a photocopy of the Buyer's identity card and, where applicable, that of the holder of the payment method used by the Buyer.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
To pay for their order, the buyer has the following payment methods available: bank card, bank transfer, ApplePay, Alma, Paypal.
- The following bank cards are accepted on the site: Mastercard, Visa, American Express
Payments can be made by credit card; they will be made through the secure 3D Secure system.
In case of payment by credit card, the buyer's account will be debited on the day of the order.
Payment in installments with Alma
Payment by installments/deferred payments is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
- P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
- P3X: Only purchases between €80 and €2,000 are eligible for payment with Alma.
Costs
By paying in installments with Alma, the Customer does not pay any fees.
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the T&Cs which bind the Seller and the customer, results in the termination of the T&Cs between Alma and the customer.
5. CHOICE OF PRODUCTS
The buyer, having taken note of the products and their characteristics, marketed by CBB, has, under his sole responsibility and according to his needs as he has previously determined them before any order, made his choice on the product(s) which are the subject of his order. In addition, the buyer, knowing alone the products which he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him.
It is the exclusive responsibility of the buyer, if he does not consider himself sufficiently competent, to seek the assistance of an advisor.
6. DELIVERY AND RECEIPT
6.1. GENERAL RULES
The products will be delivered to the address indicated by the buyer on the order form, a destination which must be consistent with the previously agreed geographical area.
By default, invoices are sent to the email address provided by the customer upon registration. Failure to comply with the procedures outlined below will result in no claims from the buyer being accepted.
7. GENERAL WARRANTIES
7.1. Descriptions of legal guarantees
In accordance with Articles L. 217-4 et seq. of the Consumer Code, the Seller is required to deliver a Product that complies with the order placed by the Buyer and must be liable for any lack of conformity existing at the time of delivery of the latter. As such, to comply with the contract, the Product must: 1° Be suitable for the use normally expected of a similar Product and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the latter presented to the Buyer in the form of a sample or model;
- present the qualities that a Buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the Parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted. Similarly, in accordance with article 1641 of the Civil Code, the Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lower price, if he had known them.
7.2. Procedure to follow
If the Products delivered are non-compliant with the Products ordered by the Buyer or if they have hidden defects, the latter must send an email to the Seller's Customer Service here to notify them of the non-compliance or hidden defects of their Product(s). The Seller's Customer Service will acknowledge receipt of the Buyer's request and confirm the procedure to follow. Upon receipt of instructions from the Seller's Customer Service, the Buyer will return the non-compliant Products or those affected by a hidden defect to the Seller at the following address:
SUPPLYWEB - Charlotte Bio Returns
ZAC of the delle du clos neuf
14840 DEMOUVILLE
The Product(s) must be (i) returned complete, unused, in its (their) original packaging intact and (ii) as far as possible accompanied by its (their) original packaging as well as a free piece of paper with the initial order number. Furthermore, the Seller does not accept packages sent postage due. Any risk related to the return of the Product(s) is the responsibility of the Buyer. Upon receipt of the Product(s) presumed to be non-compliant or affected by a hidden defect, the Seller carries out an inspection of the Product(s) to determine whether or not said Products are compliant. Similarly, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the returned Product(s) are indeed original Product(s). It is understood that these checks are carried out as quickly as possible and within a maximum period of one (1) month.
7.3 Contents of legal guarantees
If the non-conformity of the Product(s) is confirmed or the hidden defect is proven:
The Buyer may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. Please note that the Buyer (i) has a period of two (2) years from delivery of the Product to act and (ii) is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
As part of the implementation of the guarantee against hidden defects of the item sold by the Buyer within the meaning of Article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
8. RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the Consumer Code, the buyer has a period of fourteen clear days from the date of receipt to return the products ordered at his own expense for reimbursement.
In order to submit a withdrawal request, the buyer must contact CBB by email, specifying the order number and the reference of the item(s) concerned as mentioned on the invoice, by email addressed to contact@charlottebio.fr
The products must be returned to CBB in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.), duly sealed and unused.
When a buyer returns products, all risk associated with returning the product is borne by the buyer.
If the above conditions are met, CBB will reimburse the buyer, within fourteen days, the sums corresponding to the products purchased.
9. RETURN OF PRODUCTS BY MAIL
To return an item, the buyer must contact CBB to notify them of the return. This can be done by email, specifying the order number and the reference of the item(s) concerned as mentioned on the invoice.
10. RETENTION OF TITLE
CBB retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
11. RESPONSIBILITY
CBB cannot be held responsible for non-performance of the contract in the event of out of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.
CBB cannot be held responsible for any loss of data or files. It is the buyer's responsibility to make all necessary backups.
The CBB website also contains information from third parties and links to other websites. CBB shall not be liable for any damages resulting from the use of, access to, or inability to use this third-party information, nor from the content of other websites.
12. PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
13. NON-WAIVER
The fact that one of the parties does not assert a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.
14. "DATA PROTECTION AND FREEDOM
14.1. PERSONAL INFORMATION
Providing personal information collected in the context of distance selling is mandatory, as this information is necessary for processing and delivering orders and for issuing invoices. This information is strictly confidential. Failure to provide this information will automatically result in the order being rejected.
In accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files and civil liberties, the processing of personal information collected on the Site has been declared to the National Commission for Information Technology and Civil Liberties. The user has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the user must send an email stating his/her wishes to the address contact@charlottebio.fr
14.2. COOKIES
CBB reserves the right to place cookies on the computers of visitors to its website. A cookie does not allow CBB to identify the user. It is a computer file, stored on the hard drive of the user's computer. Its purpose is to indicate a previous visit by the user to the Site. Cookies are only used by CBB to personalize the service offered to the user.
15. INTELLECTUAL PROPERTY
All elements of the CBB website are the exclusive intellectual property of CBB. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the website, whether software, visual, or audio.
16. APPLICABLE LAW AND JURISDICTION
Sales of CBB products are subject to French law. Any dispute relating to the interpretation, execution, or termination of the contract concluded between CBB and the buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be subject to the jurisdiction of the courts of Grasse or the courts of the buyer's place of residence.