GENERAL TERMS AND CONDITIONS OF SALE
This website www.nilessences.com (hereinafter the “Website”) is published by Cosmétiques France SAS (hereinafter the “Company”), a French Société par Actions Simplifiée (SAS) with a share capital of €10,000, with its registered office at 34, Avenue des Champs Elysées 75008 Paris, France, registered under Siret No. 821 988 573 00027.
ARTICLE 1 - Preamble
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) are hereby entered into between the Company and any non-trading individual who places an order via the website (hereinafter the “Customer”).
These General Terms and Conditions govern solely the relationship between the Customer and the Company.
The Company reserves the right to update these Terms and Conditions at any time. They will thereupon be applicable upon being posted online.
ARTICLE 2 - Products
The products covered under these General Terms and Conditions are those on the Website shown as being sold by the Company (hereinafter the “Products”). The products are available for sale while supplies last.
The key features of the Products are described and presented as accurately as possible.
ARTICLE 3 - Prices
Prices are quoted in euros and are inclusive of tax. Prices include VAT and any discounts that might be applicable on the date the order is placed.
Prices do not include delivery charges (shipping, packaging and preparation of the package in accordance with currently applicable amounts). Shipping costs shall be stipulated before an order is confirmed.
Should one or more duties or taxes be imposed or modified, whether they be raised or lowered, such changes may be passed on as part of the sale price of the Products on the Website or various sales materials.
However, prices may not be changed once an order has been confirmed. In the event a product is listed at an incorrect price (price clearly below the product’s actual value), the confirmed order may nonetheless be cancelled by the Company. Confirmed orders are only very rarely cancelled by the Company.
ARTICLE 4 - Orders
Customers may place orders online.
After submitting an order, Customers must complete an online form in order to provide their first and last name, postal address, email address and phone number. Customers must then select a payment method and click on Confirm Order. This last step establishes a formal sales contract with the Company. a link to these General Terms and Conditions.
In some cases, including but not limited to declined payments, incorrect addresses or any other problem related to the Customer’s account or email address, the Company reserves the right to suspend the Customer’s order until the problem has been resolved.
The Customer shall receive email notification if an ordered product becomes unavailable . The order for that Product shall be cancelled and the amount refunded while the rest of the order remains firm and irrevocable.
For any concerns over the status of an order, Customers may consult their account on the Website or contact a Customer Service representative at email@example.com or complete the contact form for this purpose on the online boutique at the following address: www.nilessences.com
ARTICLE 5 - Payment methods
Accepted payment methods include:
- credit and debit cards: Carte Bleue, e-carte bleue, Visa, Mastercard, American Express. If a debit card is used, the Customer’s bank account shall be debited once the Products are shipped. For unavailable or out-of-stock products, the amount for such Products shall not be debited.
- by PayPal: Either by opening a PayPal account on their website by providing a debit or credit card number, its expiration date and card verification code or by logging in to an existing PayPal account using an email address and password.
ARTICLE 6 - Shipping & Delivery
The following delivery times are not guaranteed during busy seasons, such as sales periods, Christmas, etc. when such delivery times do not apply.
Shipments may be made by:
Chronopost France: €12
Colissimo: €17 for Europe and €30 for International Shipping
DHL Express: €20 for Europe and €35 for International Shipping
Metropolitan France (FREE SHIPPING), except for Corsica, Monaco and French Overseas Departments and Territories.
Please note that for all orders outside Europe, a CITES permit is mandatory and its lead time will require 2 days in addition to shipping.
Orders are prepared until 11 a.m. and picked up daily by the various carriers between 2 p.m. and 3:30 p.m.
Orders will be delivered within a maximum of 48 hours depending on the service provider.
ARTICLE 7 - Return Policy
7.1. Exercise of the right of withdrawal
Customers who are non-trading individuals are entitled to withdraw from this contract within fourteen (14) calendar days from the date of receipt or withdrawal of the order in its entirety.
During such period, Customers may return undamaged products without giving any reason or paying a penalty. If a Product is damaged upon receipt, Article 7.3 shall apply.
Any Product may be returned,
French Consumer Code, for example, any Products that have been opened or have a broken seal.
Products must be returned intact and in their original condition and must not have been subject to extended use.
To exercise their right of withdrawal, Customers can make any clearly worded statement of their firm and irrevocable intention of returning Products to the Company.
The Company shall acknowledge receipt of such intent to withdraw by email.
The Customer must then return the Products to the Company, no more than ten (10) days after the withdrawal notice was sent by postal mail to the following address: BX LOGISTIQUE ZA le Clolois 3 rue de l'artisanat 70500 JUSSEY, France
Postage charges for the Products being returned shall be borne by the Customer (except for a Product damaged upon receipt or in the event the Company committed an error when shipping the Product).
The Company shall refund the Customer the full amount paid upon receipt of the Product or upon receipt of the proof of return that the Customer sent to the following email address: firstname.lastname@example.org or to the following postal address: BX LOGISTIQUE ZA le Clolois 3 rue de l'artisanat 70500 JUSSEY, France. It should be noted that it typically takes between three (3) and a maximum of four (4) weeks for a product to be recorded as returned by the Company.
Customers shall receive a refund for returned Products from the Company, subject to compliance with the aforementioned requirements, in addition to standard “one-way” delivery charges for such Products if the Customer returns an order in its entirety. “One-way” delivery charges that include any additional costs shall be refunded within the limits of standard delivery charges. It is specified that “one-way” delivery charges shall be refunded separately.
If the Customer fails to return an order in its entirety and keeps one or more of the ordered Products, the amount of the “one-way” delivery charges shall not be refunded by the Company.
Refunds shall be made either directly to the Customer’s credit or debit card or by cheque or bank transfer
7.2. Special case of Non-conforming Products
The Company advises Customers to check Products upon delivery and in situations where a delivered Product is non-conforming (incorrect Product, defective, damaged or incomplete Product) to express any reservations in writing and communicate such reservations to the carrier and/or the Company within three (3) days following the delivery.
In all cases, the requirements set out in Article 8 on statutory warranties shall apply. Hence, a Product deemed to be non-conforming upon delivery may initially only be replaced or refunded. However, if a new Product were to be received and deemed inappropriate, the Customer could, if so desired, exercise his or her right of withdrawal in the amount of time remaining to do so.
For Products reported as non-conforming within three (3) days of delivery, the Company allows the Customer to exercise his or her right of withdrawal and be refunded for the Product pursuant to the requirements in Article 7.1 without resorting to repairs or refunds as required by the legal guarantee of conformity.
ARTICLE 8 - Warranties
Any Products sold via the Website shall be covered by the legal guarantee of conformity (Article L211-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), allowing Customers to return Products that are delivered non-conforming or defective.
The Customer shall be informed that the Company, whose registered office is located at 34, avenue des Champs Elysées, 75008 Paris, France, ensures the conformity of the products in the contract under these two legal guarantees.
- Article L. 217-4 of the French Consumer Code: The seller is required to deliver a Product that conforms to the contract and is held liable for any lack of conformity existing upon delivery. The seller is also held liable for any lack of conformity caused by the packaging or assembly instructions, or the installation if it assumed responsibility therefor pursuant the contract or if the installation was made under its responsibility.
- Article L. 217-5 of the French Consumer Code: To comply with the contract, the Product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including through advertising or on labels; or
2. Have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
- Article L. 217-12 of the French Consumer Code: An action resulting from lack of conformity lapses two years after delivery of the product.
- Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the period of commercial guarantee granted upon the acquisition or repair of a moveable good, to carry out repairs covered by the guarantee, any standstill period of seven days or longer shall be added to the remaining term of the guarantee. Such period shall run from the time when the buyer requests assistance or when the product in question is delivered for repair purposes, should this be subsequent to the request for assistance.
- Article 1641 of the French Civil Code: The seller is bound to a guarantee against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he or she had been aware of the defects.
- Article 1648 para.1 of the French Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ARTICLE 9 - Cosmetic Products
Cosmetic products sold via the Website comply with Regulation (EC) No 1223/2009 of 30 November 2009 on cosmetic products, particularly the rules governing their composition, safety, labelling and presentation.
ARTICLE 10 - Mediation
-The details of the appeal procedures, claim and the details of the dedicated service are available on this website axa.fr. In case of no resolution of a different at the end of the complaint process, you can have recourse to the Ombudsman, by addressing the association: "Mediation of insurance-TSA 50110-75441 Paris Cedex 09" http: //www.médiation-assurance.org
ARTICLE 11 - Proof of Electronic Transactions
In all cases, provision of a bank card number on the Website and final confirmation of the order shall constitute proof of the integrity of the order in accordance with Article1366 of the French Civil Code and shall give rise to payment obligations for the ordered Products.
Such confirmation shall be understood as approval and explicit acceptance of all the transactions carried out on the Website. However, if a bank card is used fraudulently, the Customer in question should contact a Customer Service representative upon the finding of such misuse by email to: email@example.com or by completing the contact form for this purpose on the online boutique at: www.nilessences.com.
Computerized records, stored in the Company’s IT systems under normal security conditions, shall be considered as proof of communication, orders and payments between the Customer and the Company.
Purchase orders and invoices are archived in a reliable and sustainable manner in order to preserve a faithful and permanent copy in accordance with Article 1379 of the French Civil Code.
ARTICLE 12 - Limitation of Liability
The Company is bound by an obligation to achieve results at all stages of the ordering process and for the stages subsequent to entering into the contract.
The Company is thereby committed to describing the Products sold on the Website as accurately as possible. In contrast, the Company may not be held liable in the event it fails to fulfil its obligations due to either an unforeseeable and insurmountable event attributable to a third party or a force majeure event as defined by French case law. Similarly, the Company cannot be held liable for any inconvenience or damage inherent in using the Internet, including loss of service, outside interference or the presence of computer viruses.
ARTICLE 13 - Personal information
Article 14 - Governing law and jurisdiction
These General Terms and Conditions are subject to French law. These Terms and Conditions are written in French. In the event they are translated into one or more languages, only the French text shall prevail should a dispute arise.
The court having jurisdiction should a dispute arise shall be the Court in Paris (Ile-de-France).
The Website complies with French law and under no circumstances shall the Company guarantee compliance with local existing laws which would be applicable if the Customer accesses the Website from other countries.