Caudalie

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General terms of sales

Preamble

Caudalie.com (hereinafter referred to as the "Website") is an online e-business accessible via the Internet at www.caudalie.com, and is open to any user of the Internet network (hereinafter referred to as a "Net-surfer"). It is produced by the French private limited company CAUDALIE S.A.S the capital of which is EUR1,007,600 and the registered office of which is at 6, Place de Narvik, 75008 Paris, and which is registered with the Paris Register of Companies & Commerce under number 398360 123. You can contact Caudalie by calling 0207 720 7111 (lines open Monday to Friday, 9am to 6pm). The Website enables CAUDALIE to offer cosmetics for sale (hereinafter referred to as the "Products") to Net-surfers navigating the Website (hereinafter referred to as the "Users"). For the purpose of these Terms & Conditions, it is hereby agreed that any User and CAUDALIE shall be referred to collectively as the "Parties" and individually as the "Party", and that any User confirming any order shall thereafter be referred to as the "Purchaser". All User rights and obligations therefore shall of necessity apply also to the Purchaser.

It is stipulated that the Products are intended for the User's personal use without such use having any direct connection to the User's professional occupation or activity. In this regard, the particular notice of the User is drawn to the fact that no order placed by him/her may exceed the sum of One thousand euro (EUR1000).

The User wishing to purchase online via the Website hereby formally declares that he/she has full legal capacity.

These general terms of sale comply with the provisions of Consumer Law no. 2014-344 of March 17, 2014.

Article 1. Purpose

These Standard Terms & Conditions of Business determine the rights and obligations of the Parties arising from online sales of Products offered for sale on the Website, and apply worldwide, insofar as concerns solely the relationship created via the Internet and exclusively on the said Website. The Purchaser agrees that he has read them, and any purchase of one or more products by the Purchaser implies his complete acceptance and advance agreement to adhere, in full, to these general terms of sale and warranties, which prevail over any other documents except for special conditions explicitly accepted in writing by CAUDALIE.

Article 2. Products - Prices

2.1. Products

The Products offered for sale by CAUDALIE are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last. No photograph illustrating any Product shall be deemed to constitute part of any contract.

2.2. Prices

The prices for the Products are shown in euros. They are inclusive of Value-Added Tax (VAT) at the rate applying on the date of the order. CAUDALIE reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products. Any shipping costs will be charged in addition.

Article 3. Registration and confirmation of the order

3.1. Navigating the Website

The User is free to navigate between the various different Web pages on the Website without any obligation to make any purchase.

3.2. Registering the order

If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the "Add to the Basket" button. At any time the User may:
- obtain a summary of the Products selected or alter his/her order by clicking on "my basket" accessible on the top right-hand corner of each page in the "our products" section,
- complete his or her Product selection and place an order by clicking on "my basket".
An order summary will then appear on the screen. If the list that appears matches the Products the User has chosen, he or she may place the order by clicking "I confirm my order - I recognize my obligation to pay for this order." The User must then identify themselves, either by entering their email address and password (if they are a repeat customer or member of the myCaudalie loyalty program), or by accurately filling out the form with the information required to identify them, including their first and last name and mailing address. The User is hereby informed and agrees that entering any identifying information serves as proof of identity and represents consent.

3.3. Confirming of the order – Secure payments

After the User has read the order summary and filled in all the required information, they must choose a preferred method of payment for the order. The User must click "Confirm order" to pay for the order. Users may pay for their purchases with a credit or debit card (Visa, Mastercard, or carte bleue). They must enter the name that appears on the card, card number, expiration date, and the CVV code on the back of the card. Users may also pay using the secure PayPal system (or Giropay or Sofortüberweisung for any order placed on the German website at www.caudalie.de). Credit and debit card payments on the Caudalie site and PayPal (or Giropay / Sofortüberweisung) payments are routed through the Ogone (www.ogone.com) secure payment system. PayPal payments are made via the secure PayPal website (www.paypal.com). All information that is exchanged to process payment is encrypted using the SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted, or used by any third party. Ogone is certified by Visa (AIS), Mastercard (SDP) and American Express (TDC). These certifications guarantee that the operating processes and technical solutions Ogone uses meet the strictest criteria for secure exchanges and protection of banking information. Note that the BNP Paribas bank server is also secured via SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible, and that the User's banking information will never pass through Caudalie's information system.
Once payment has been confirmed, the User returns to the Website. His or her order is registered and becomes irrevocable. The User, henceforth, becomes the Purchaser. The order form is registered in CAUDALIE's computerized records (which are themselves stored on a durable reliable back-up support), and will be deemed to be proof of the contractual relationship between the Parties.

3.4. Confirming receipt of the order

Once the Purchaser has confirmed payment, an order summary will be sent by email to the email address entered as part of his or her identifying information. This confirmation will state: the payment and delivery methods, any shipping costs, the characteristics of the Product(s) ordered, and the conditions and procedure for exercising the right to a cooling-off period; - the address where the Purchaser may send complaints, and information about customer service and commercial warranties.

Article 4. Shipping costs

The order will be fulfilled no later than thirty (30) days with effect from the following day after the Purchaser has confirmed his or her order.
List of zones and rates:
Country Shipping method Rates Free from
France Métropolitaine, Corse Socolissimo Mon Commerçant 4.00€ 10.00€
France Métropolitaine, Corse, Monaco Socolissimo Mon Domicile 6.00€ 60.00€
France Métropolitaine Chronopost Express 10.00€ 100.00€
Belgium, Germany, Luxembourg, Netherlands Socolissimo Mon Commerçant 4.50€ 30.00€
Belgium, Germany, Luxembourg Socolissimo Mon Domicile 5.50€ 40.00€
Germany Socolissimo Mon Domicile 5.50€ 30.00€
Portugal, Spain   Socolissimo Mon Domicile 7.00€ 40.00€
Swiss DHL 5.50€ 50.00€
Italy Standard Delivery 6.00€ 40.00€
Belgium, Italy, Germany, Luxembourg, Netherlands, Portugal, Spain, Swiss UPS Express 15.00€ -
United Kingdom Colissimo Europe £4.95 £30.00
United Kingdom UPS Express £12.00 -
Austria Colissimo Europe 5.50€ 50.00€
Greece, Poland, Ireland Standard Delivery 10.00€ 50.00€

These prices are inclusive of all taxes.


4.1. Delivery Terms & Conditions

On receipt of the Products ordered, the Purchaser must check the Products are compliant. The Purchaser must report any discrepancy relating to delivery (missing or broken items, damaged parcel, etc.) on the delivery slip issued by the carrier when delivering the parcel, and the same day or no later than the first working day following arrival of the goods, must also inform the Customer Service Department at CAUDALIE, by e-mail to: europe@caudalie.com or by telephone to 0207 720 7111 . No claim made after this period will be accepted and CAUDALIE shall not be held liable in respect thereof. If anything appears wrong with the package or Product(s), after informing CAUDALIE of the problem within the stipulated period, the Purchaser must return the item(s) in the original packaging according to the conditions in Article 5, "Cooling-Off Period," defined below and within fourteen (14) days after the order is received. The return must include a letter that lists the Purchaser's information, the invoice date and number, the Product SKU(s) and the reason for the request. CAUDALIE reserves the right to inspect the returned Product(s), consider the reason for the request, and decide accordingly whether or not to send a free replacement of the Product(s); no compensation shall be due. Should a product be unavailable, the Purchaser will be informed. With the Purchaser's prior agreement, a product of equivalent quality and value will be offered. Should the Purchaser not wish to accept this alternative, the amount paid will be refunded within a maximum of thirty (30) days. In such a case, Caudalie will bear the cost of product returns resulting from the Purchaser's decision to withdraw from the transaction. Caudalie is unable to accept responsibility for failure to deliver or late delivery resulting from cases of force majeure, the actions of a third party or any error on the part of the client. In the event delivery delays, the Purchaser should inform Caudalie customer services as promptly as possible, by emailing europe@caudalie.com or telephoning 0207 720 7111.

Article 5. Right of withdrawal

The Purchaser has fourteen (14) calendar days to inform CAUDALIE of their desire to take advantage of the cooling-off period. This period begins on the day the order is received. In order to exercise this right, the Purchaser must inform CAUDALIE of their decision to take advantage of the cooling-off period within that time frame, by letter or email for example. The Purchaser may also use the return form by clicking here. ,. Next, the Purchaser must return the Product(s) in their original packaging, at their own expense, no later than fourteen (14) days after informing CAUDALIE of their decision to return them, to the following address: CAUDALIE - 9 bd la Salle - 45801 St Jean de Braye - Cedex 1 FRANCE. When the fourteen (14) day period ends on a Saturday, Sunday, or holiday, it is extended to the next business day. If the conditions above are met, CAUDALIE will reimburse the Purchaser for all amounts paid by the latter, as soon as possible but no later than fourteen (14) days after the date on which CAUDALIE was informed by the Purchaser of their decision to return the Product(s). CAUDALIE reserves the right to withhold reimbursement until the returned Product(s) have been received. Initial shipping costs are included, but the Purchaser remains responsible for the cost of return shipping.

Article 6. Data protection

Personally identifiable information upplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.
In accordance with law relating to computers and freedom, the processing of personally identifiable information gathered from the Website is subject to formal declaration registered with the National commission for information technology and civil liberties [CNIL]. The User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a written request by post to the Customer Service Department at CAUDALIE – 6, Place de Narvik 75008 PARIS, France.

Article 7. Force majeure

No Party shall be liable in the event of partial or total non-performance of any obligation under this contract where such non-performance arises due to an event that constitutes a case of force majeure. Cases of force majeure will be defined as those events which fulfil the criteria set by case law.
The Party relying on any event tantamount to force majeure must advise the other Party thereof within five (05) working days of the occurrence, or the threat, of the event.
The Parties hereby agree that they will consult one another within the shortest possible time in order to decide jointly on how to carry out the order during the case of force majeure.

Article 8. Partial invalidity

If any provision in these Standard Terms & Conditions of Business is found or ruled to be invalid pursuant to any law, regulation or decision of a competent court, the other provisions shall retain their full force and scope.

Article 9. Wholeness of the contract

These Standard Terms & Conditions of Business and the order summary transmitted to the Purchaser form a single contract and constitute the whole of the contractual relationship between the Parties. In the event of contradiction between the said documents, the Standard Terms & Conditions of Business shall prevail.

Article 10. Intellectual property

The caudalie.com website is an intellectual work protected under Intellectual Property Law. Each of the elements it comprises (such as brands, logos, photographs, images, illustrations, texts, slogans, and videos) are the exclusive property of CAUDALIE, which is solely authorized to exercise the intellectual property rights and privacy rights pertaining thereto.
Any reproduction or representation, adaptation or modification to the Site, in full or in part, or of any one of the elements it comprises, is explicitly prohibited, in any medium or any format and for any purpose, including commercial purposes.
CAUDALIE must give explicit permission in advance for any reproduction and/or representation of the Site or any one of the elements it comprises. Hypertext links to the Site may not be made except with prior written permission from CAUDALIE.
The brands mentioned on the Site are trademarks and as such are the exclusive property of CAUDALIE.

Article 11. Applicable law – Competent jurisdictions

These Standard Terms & Conditions of Business and the contractual relationship between CAUDALIE and the Purchaser are subject to French law. In case of litigation relating to the interpretation, execution or rupture of these general terms of sale, and when an amicable solution cannot be reached, competence will be expressly attributed to the jurisdiction of the Tribunal of Paris.