PREAMBLE
https://www.charlottebio.fr/ is an electronic commerce site accessible via the Internet at the address https://www.charlottebio.fr/ (hereinafter referred to as the "Site"). It is open to all users of this network. It is published by the company CBB with a capital of 51 000 €, whose head office is located 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 his order, declares to have full legal capacity, allowing him to commit himself under these general conditions of sale.
Any order of a product proposed on the Site supposes the consultation and the express acceptance of the present general conditions of sale, without however that this acceptance is conditioned by a handwritten signature on behalf of the user. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, completed by the Decree n° 2001-272 of March 30, 2001, taken for the application of the article 1316-4 of the Civil Code and relating to the electronic signature, it is recalled that the validation of the order form such as specified in the article 3.3. hereafter, constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
Products are offered for sale in the following geographical areas: Metropolitan France + DOM TOM, Belgium, Spain, Italy, Austria, Ireland, Portugal, Netherlands, Germany, Luxembourg
It is specified that the user may save or print these terms and conditions of sale, provided that they are not modified.
1. PURPOSE
The present general conditions of sale have for object, on the one hand, to inform any possible consumer on the conditions and modalities in which the salesman proceeds to the sale and to the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the sale of products by the salesman to the consumer. They apply, without restriction or reserve, to all sales by CBB of products offered on its website.
CBB reserves the right to modify at any time the present general conditions of sale. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
2. PRODUCTS AND PRICES
2.1. PRODUCTS
In accordance with the article L. 111-1 of the code of consumption, the user can, before his order, take knowledge, on the Site of https://www.charlottebio.fr/, of the essential characteristics of the products which it 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 within the limits of available stocks. CBB reserves the right to modify the assortment of products according to the constraints of its suppliers.
The photographs, graphics and descriptions are made to be as close as possible to the reality of the product sold. In the case where a supplier would change the aesthetics of an accessory, the graphic representation of this one would not know how to affect the sale, if the product remains identical otherwise. The seller undertakes to modify the visual as soon as possible.
2.2. PRICE
The prices of sale of the products on line on the Internet site of https://www.charlottebio.fr/, indicated in euros, are those in force at the time of the recording of the purchase order by the purchaser.
They do not include shipping and handling fees, which are charged in addition to the price of the products purchased, depending on the amount of the order. The shipping costs will be indicated before the registration of the order by the buyer.
The 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.
The selling prices of the products can be modified by at any time. This modification will be indicated 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 strictly forbidden in 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 take note of the various Products offered for sale by CBB on its Site. The user can browse freely on the different pages of the Site, without being committed to an order.
The user is responsible for the telecommunication costs of accessing the Internet and using the site.
3.2 ORDERING
Any order implies unconditional acceptance of these terms and conditions of sale.
From the moment the buyer has registered his order by clicking on the icon "Continue to payment", he is considered to have accepted with full knowledge and without reservation the present 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/she will select the various products in which he/she is interested, and will express said 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 Cart" accessible at the top right of each page
By clicking on "View cart", the customer will have access to the summary of his order: the nature, quantity and price of products selected by the buyer, as well as the total amount of the order.
To order the products he has chosen, the buyer will click on "Place order". The buyer will then have to identify himself, either by entering his e-mail address as well as his password, if he has a customer account, or by filling in the form provided, on which he will include the information necessary for his identification with his name, first name, postal address.
The buyer is informed and accepts that the seizure of any identifier is worth proof of his identity and manifests his consent.
3.3. FINAL VALIDATION OF THE ORDER
After having taken note of the state of his order, and once all the requested information will have been completed by the purchaser, the latter will choose the means of payment which he wishes to use to regulate his order, being understood that the purchaser will have to have the means of payment such as defined in article 4. below. He will click on the button corresponding to the means of payment he has chosen. He will then click on the box "Continue to payment" to pay his order.
The sale will be considered final only after CBB has sent the buyer a confirmation of the order and has received the full price.
Any fraudulent order or suspected fraudulent order will be considered by CBB as null and void.
Order validation and modification
It is not possible to modify an order, except in the following cases: - express request by e-mail to contact@charlottebio.fr within 15 minutes of order validation. The request must be clear and explicit in order to be processed as soon as the e-mail is received (modification of logistical information, delivery method if the conditions of the order allow it, modification of products of the same value, modification of postal address, deletion and reimbursement of a product, cancellation of an order). It is not possible to add products.
Requests can only be processed during working hours: Monday to Friday, excluding public holidays, from 9am to 5pm. Since 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 be informed by return e-mail.
In the case where the order would be in status "in preparation" or "prepared" it can not be changed. In this case, if the customer wishes to modify or cancel his order, two options are available to him:
- refuse the order at the time of delivery (if hand-delivered) or do not collect it from the relay point (in the case of delivery to a collection point),
- return the order (at his expense) to our logistics platform.
As soon as the order is returned to us and after checking the products, we will proceed with the refund of the latter.
4. PAYMENT
The payment must be made at the time of the order by the buyer. At no time, the paid sums could be regarded as deposits or installments.
All orders are payable in Euros. The buyer guarantees to CBB that he/she has the necessary authorizations to use the method of payment he/she has chosen, when registering the order form.
CBB reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum 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 increased by five points are automatically applicable to the unpaid amounts at the end of a period of ten days following the date of invoicing or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.
For any payment, CBB reserves the right to request a photocopy of the Buyer's identity card and, if applicable, that of the holder of the payment method used by the Buyer.
As part of the fight against Internet fraud, information about your order may be transmitted to any third party for verification.
The following payment methods are available to the buyer: credit card, bank transfer, ApplePay, Alma, Paypal.
- The following credit cards are accepted on the site: Mastercard, Visa, American Express
Payments can be made by credit card; they will be made through the secure system 3D Secure.
In case of payment by credit card, the buyer's account will be debited on the day of his order.
Payment in installments with Alma
The payment in several times/deferred is available via our partner Alma. The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure.
Purchase amount
- 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.
Fees
By paying in installments with Alma the Customer does not pay any fees.
Alma is a telepayment manager and issues an electronic certificate that will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Cancellation
Any termination of the T&Cs between the Seller and the customer will result in the termination of the UGCs between Alma and the customer.
5. CHOICE OF PRODUCTS
The purchaser having taken knowledge of the products and their characteristics, marketed by CBB, has under its only responsibility and according to its needs such as they determined them before any order, carried its choice on the products being the subject of its order. In addition, the buyer, knowing only the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him.
It is the sole responsibility of the purchaser, if he/she does not consider himself/herself sufficiently competent, to be assisted by a consultant.
6. DELIVERY AND RECEPTION
6.1. GENERAL RULES
The products will be delivered to the address indicated by the purchaser on the order form, destination which must be coherent with the geographical area previously agreed.
By default, invoices are sent to the email address indicated by the customer during registration. If the procedures outlined below are not respected, no claim from the buyer will be accepted.
7. GENERAL GUARANTEES
7.1. Description of the legal guarantees
In accordance with Articles L. 217-4 and following of the Consumer Code, the Seller is required to deliver a Product that conforms to the order placed by the Buyer and must respond to any defects in conformity existing at the time of delivery of the latter. As such, to be in conformity with the contract, the Product must: 1° Be suitable for the use usually expected of a similar Product and, if applicable :
- correspond to the description given by the Seller and possess the qualities that the Seller has presented to the Buyer in the form of a sample or model;
- have the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter. Similarly, in accordance with Article 1641 of the Civil Code, the Seller is liable for hidden defects in the item sold that make it unfit for its intended use, or that so diminish this use that the Buyer would not have purchased it, or would have paid a lower price for it, if he had known about them.
7.2. Procedure to follow
If the delivered Products do not conform to the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an e-mail to the Seller's Customer Service here to notify it of the non-conformity or the hidden defects of its Product(s). The Seller's Customer Service acknowledges receipt of the Buyer's request and confirms the procedure to follow. Upon receipt of the instructions from the Seller's Customer Service, the Buyer shall return the non-conforming or damaged Products to the Seller at the following address
SUPPLYWEB - Charlotte Bio Returns
Z.A.C. de la delle du clos neuf
14840 DEMOUVILLE
The Product(s) must be returned (i) complete, unused, in its (their) original, undamaged packaging and (ii) as far as possible, accompanied by its (their) original packaging as well as a blank 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-conforming or affected by a hidden defect, the Seller shall carry out an inspection of the Product(s) to ascertain the conformity or otherwise of said Products. Likewise, the Seller may carry out a quality test on the Product(s) returned by the Buyer to verify that the Product(s) returned are indeed original Product(s). It is understood that these checks are carried out as soon as possible and within a maximum period of one (1) month.
7.3 Contents of the legal guarantees
If the non-conformity of the Product(s) is confirmed or the defect is proven:
The Buyer may choose between repairing or replacing the Product, subject to the cost conditions set forth in Article L. 217-9 of the French Consumer Code. Please note that the Buyer (i) has a period of two (2) years from the delivery of the Product to act and (ii) is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
Within the framework of the implementation of the guarantee against the hidden defects of the thing sold by the Purchaser within the meaning of article 1641 of the Civil Code, it can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
8. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the French Consumer Code, the buyer has a period of fourteen clear days from the date of receipt to return the products ordered, at his or her expense, for reimbursement.
In order to submit a retraction request, the buyer must contact CBB by e-mail, specifying the order number and the reference of the item(s) concerned as mentioned on the invoice, by e-mail addressed to contact@charlottebio.fr.
The products must be returned to CBB in perfect condition for resale, in their original state (packaging, accessories, instructions...), duly sealed and unused.
When a buyer returns products, any risk associated with the return of the product is the responsibility of the buyer.
If the above conditions are met, CBB will refund to the buyer, within fourteen days, the sums corresponding to the products acquired.
9. RETURN OF PRODUCTS BY MAIL
To return an item, the buyer must contact CBB to inform it of the return. He can do it by e-mail by specifying the number of order and the reference of the articles concerned as mentioned on the invoice.
10. RETENTION OF TITLE
CBB retains full ownership of the products sold until full payment is received, including all taxes and fees.
11. RESPONSIBILITY
CBB shall not be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of the 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 such third-party information or the content of other websites.
12. PARTIAL INVALIDITY
If one or more stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
13. NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
14. "DATA PROCESSING AND LIBERTIES"
14.1. PERSONAL INFORMATION
The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on the Site has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés). Users have the right to access, modify, rectify and delete data concerning them. To exercise this right, users should send an e-mail stating their wishes to 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. A cookie is a computer file stored on the user's computer hard drive. Its purpose is to indicate a previous visit by the user to the Site. Cookies are used by CBB only to personalize the service offered to the user.
15. INTELLECTUAL PROPERTY
All elements of the CBB site are the exclusive intellectual property of CBB. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site whether they are software, visual or sound.
16. APPLICABLE LAW AND JURISDICTION
The sales of CBB products are subject to French law. Any dispute relating to the interpretation, execution or breach of contract between CBB and the buyer, even in the event of multiple defendants, will, in the absence of amicable agreement, be subject to the jurisdiction of the courts of Grasse or the courts of the buyer's place of residence.