GENERAL CONDITIONS OF SALE - INTERNET
Effective as of 3/21/2017
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Client"), wishing to acquire the products offered for sale ("Products") by the Seller on the website https://www.glutacosmetic.com/en/. The Products offered for sale on the site are the following:
- food supplements, specific cosmetics
The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://www.glutacosmetic.com/en/ website, which the client is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These T&Cs are available at any time on the website https://www.glutacosmetic.com/en/ and will prevail over any other document.
The Customer declares to have taken knowledge of the present CGV and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the https://www.glutacosmetic.com/en/ site.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact information is as follows:
Gluta Cosmetic
6 rue de l'Ouche Cormier - 44700 ORVAULT - France
Registration number : 902 015 270 RCS NANTES
mail : amelie@glutacosmetic.com
Telephone: 0674255526
The Products presented on the site https://www.glutacosmetic.com/en/ are offered for sale in the following territories:
world.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are supplied at the prices in force appearing on the site https://www.glutacosmetic.com/en/, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, HT and TTC.
The prices take into account any discounts that may be granted by the Seller on the website https://www.glutacosmetic.com/en/.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of their period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is up to the Customer to select on the site https://www.glutacosmetic.com/en/ the Products he wishes to order, according to the following modalities:
the customer chooses a product, puts it in the basket, he can delete or modify it before validating his order and accepting the present conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the customer according to the terms and conditions.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site https://www.glutacosmetic.com/en/ constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide sincere and accurate information about his civil status and contact information, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: info@glutacosmetic.com. This will be effective within a reasonable time.
In case of non respect of the general conditions of sale and/or use, the site https://www.glutacosmetic.com/en/ will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic way and remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of an account implies the acceptance of the present general conditions of sale.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in the banking transactions carried out on the site https://www.glutacosmetic.com/en/.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following areas:
world.
The deliveries intervene within 72 hours in metropolitan France, 5 working days for Europe to the address indicated by the Customer at the time of his order on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication.
If the ordered Products were not delivered within 5 days for metropolitan France and 10 days for Europe after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 7 days from the date of delivery to make claims by e-mail, accompanied by all related documents (notably photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Vendor.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Seller's Products shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph shall run from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2. On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for multiple goods delivered separately, or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a period of time, the time period shall begin upon receipt of the last good or lot or part.
For contracts providing for the regular delivery of goods during a defined period, the time period shall run from receipt of the first good."
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTC.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The cost of return shipment will be charged to the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this Article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility."
Article L217-5 of the Consumer Code
"The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good."
Article 1641 of the Civil Code.
"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention
In order to assert his rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of proof.
Refunds, replacements or repairs of Products judged to be non-conforming or defective shall be made as soon as possible and at the latest within 7 days of the finding by the Seller of the lack of conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller shall not be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
ARTICLE 9 - Information Technology and Civil Liberties
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of its order and the establishment of the invoices, in particular.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the site https://www.glutacosmetic.com/en/ has been the subject of a declaration to the CNIL, number in progress.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
This right can be exercised according to the methods described in the "legal information" section of the site https://www.glutacosmetic.com/en/.
ARTICLE 10 - Intellectual Property
The content of the site https://www.glutacosmetic.com/en/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the appointed mediator is :
E-commerce and distance selling federation
60 RUE DE LA BOETIE 75008
www.fevad.com
E-mail: mediateurduecommerce@fevad.com.
The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
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