General Terms and Conditions of sales of the website
Updated on August 4th, 2021
These general terms conditions of sales (hereinafter “GTC”) define the terms and conditions under which distance selling are subject via the website bcparis.com (hereinafter the “Website”) between, on the one hand, the customer and, on the other hand the company Société Française de Cosmétiques (SFC), a limited liability company with a capital of 50 000 euros, having its head office at Brive 19100, Espace des Récollets, 8 Rue Régnard, registered under number 381 124 544 RCS BRIVE (hereinafter www.bcparis.com). Relations between the parties are exclusively governed by GTC in force when the order is place by the customer. www.bcparis.com keeps the right to modify at any time the GTC that come into effect as soon as they are put online. The customer acknowledges having taken full knowledge of the GTC and accept them by clicking on “I read the terms and conditions of sales and I adhere without restriction” during the validation of each order.
Article 1: Customer
Within the meaning of the GTC, is a customer to which only the use of the Website is reserved, any natural person over 18 years old, residing in European Union and passing on the Website an order corresponding to the normal need of a household. By clicking on “I have read the General Terms and conditions of sales and I adhere without restriction” the user declares that he meet the above definition of the customer and that he has the full legal capacity to make valid purchase.
Article 2: Controls :
In order to ensure the security of transactions, to prevent payments fraud on Internet, or to make sure that a customer is the majority, www.bcparis.com reserves the possibility to verify the reliability of the information given at the time of the recording of the order and to ask the customer for one or more supporting documents. www.bcparis.com reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the placing or execution of a previous order.
Article 3: Products and price list :
Article 3.1: Characteristics and availability of the products
The products whose sale is subjected to GTC are those presented on the Website at the day of the consultation by the user. www.bcparis.com reserves the right to change the assortment at any time.
The products sold on the Website comply with French regulations. It is the customer’s responsibility to ensure compliance with applicable local regulations.
The customer is informed of the essential characteristics of the products through the description which is made on the Website. Products are offered for sale and delivered only in metropolitan France, within the limits of available stocks at the time of order validation. For any order for which the customer wishes to be delivered outside of metropolitan France, the customer will organize and take charge of the delivery of the products, under his sole responsibility and at his own expense, from the SFC warehouse to the delivery address chosen by him. Products that are temporarily unavailable are indicated on the Website “Out-of-Stock” and cannot be added to the basket. The customer can communicate his email to be informed of the return of product in stock.
Any order that clearly does not correspond to the consumption and personal use of a customer, including an order that exceeds the standards of an individual sale given the characteristics of the products, and/or an unusually repetitive online order from the same person or from several persons with the same address or very close addresses may be considered null and void.
Article 3.2: Price list
The selling prices of the products offered on the Website are indicated in euros all taxes included (VAT included) and are those displayed on the Website at the time of placing the order by the customer.
These prices do not include shipping costs, charged in addition to the price of products purchased. The shipping costs are indicted before the finalisation of the order.
Article 3.3: Notes and comments
Users have the possibility to leave a comment and rate the products on a scale of one to five stars.
Opinions and notes are exclusively informative. This can in any way constitute a contractual element with www.bcparis.com.
In addition, the rating presented immediately next to the product name is an average of the ratings assigned by users for the product under consideration. It is therefore subject to change.
Article 4: Order taking
To make purchases on the Website, the customer must first create a “customer account”. This account is created either by clicking on “Log in to your account” on the home page of the Website, or at the step of identification when placing an order. To create an account, the customer must:
> Click on “Log in to your account”, or on “No account? Create one here”
> Fill in the required information
> Save the creation of the account
A summary email is then sent to the customer, to confirm his registration on the Website.
To place the order, the customer proceeds as follow:
Step 1: The customer selects the product(s) he wishes to purchase by clicking on “Add to basket”. The content of the basket can be checked and modified at any time by clicking on “Basket”. The customer can then see an estimate of the shipping costs by clicking on “Go to cart page”.
Step 2: The customer logs in to his account by clicking on “Sign in”. If it is a first order, he creates an account (new customer) to continue the order by clicking on “No account? Create one here”.
Step 3: The customer validates his basket by clicking on “Proceed to checkout” and is informed of the total amount of his order. The customer has the possibility before the validation of his order to modify his basket or to correct any errors.
Step 4: The customer then validates his delivery and billing addresses.
Step 5: The customer chooses the shipping method as well as the payment option and expressly accepts the GTC by clicking on “I have read the General Terms and conditions of sales and I adhere without restriction”. The customer then definitely validates his order by clicking on “Order with an obligation to pay”.
Step 6: The customer receives a mail of confirmation recapitulating the characteristics of his order. The customer can consult his invoice on his account in “Order history” at any time.
Article 5: Order payment
Article 5.1: Terms of payment
The payment of the totality of the price is due at the validation of the order. www.bcparis.com will not carry out any order which would not be entirely paid. The customer, to pay his order, can use the following means of payment:
> Credit card
Article 5.2: Secure online payment
In order to ensure the security of payments, www.bcparis.com uses the secure payment service of Crédit Agricole or the secure payment service of PayPal.
Article 6: Order delivery
Article 6.1: Terms of delivery
The products are delivered only in Metropolitan France, by postal services (Colissimo of La Poste) at home or in relay point. For any order placed before 9 am, delivery is done within a maximum of 3 working days. For any order placed after 9am, delivery is done within a maximum of 4 working days. The delivery period starts as soon as the automatic mail confirming the order is sent by www.bcparis.com.
The customer must check the exhaustiveness and the conformity of the information concerning the delivery address which he provides to www.bcparis.com couldn’t be held responsible for any errors in the wording and the consequences which would result from it such as delay and/or any impossibility of delivery.
The customer must check the condition upon receipt. If, even before opening, the package is damaged, the customer must proceed as follows:
> in the case of a home delivery for a package given to the customer or to any person present at home or in the case of a delivery in a relay point, the customer is required to refuse the delivery at the time of delivery.
> in the case of a home delivery, for a package given in a mailbox, to a neighbour, a janitor or a guardian, the customer is required to refuse the delivery by bringing the package to the post office no later than the next business day following its delivery to request its return to sender without new postage.
In case of non-conformity of all or part of the product appearing at the opening of the package, the customer will have imperatively to inform, by mail in the three 3 days following the reception of the package. In such a case, the customer chooses between requesting a refund, requesting an exchange for the same product depending on availability or requesting an exchange for a product of the same value. The products must be returned in the original packaging and in the same condition in which they were received by the customer. The customer is responsible for the cost of retuning the package and must provide evidence of the return of the package.
The eventual expenses of the return of a product by way of exchange are in charge of www.bcparis.com, in case of mistake in the preparation of the customer’s order.
Article 6.2: Shipping charges
The shipping charges are added to the price of the products purchased and indicated on the Website. These shipping charges are indicated to the customer throughout his order, in the basket, as well as the time of the validation of the basket and before the final validation of the order by the customer. The delivery charges are offered from 49 € of purchase. By default, the delivery charges indicated are those applicable to deliveries in Metropolitan France.
For any orders for which the customer wishes to have delivery outside of the Metropolitan France, the customer will organize and take in charge, under his sole responsibility and at his own expense, the delivery of the products from www.bcparis.com warehouse to the delivery address chosen by him.
Article 7: Right of withdrawal
In accordance with article L221-18 of the French Consumer Code, the customer has a legal right of withdrawal that he can exercise within fourteen (14) clear days, without having to give reason for his decision or to bear any costs other than those corresponding to the cost of returning the product(s) ordered. This period starts from the day of receipt of the package containing the ordered products concerned, it being specified that the starting day of the period does not have to be taken into account in the calculation of the fourteen (14) days. When the fourteen (14) days period expires on Saturday, a Sunday, or a holiday, it is extended until the first following working day. The customer can exercise his right of withdrawal from the conclusion of the sales contract. The right of withdrawal is exercised using the form available here.
In order for the deadline to be respected, the customer must download the form, complete it and return it to the address email@example.com before the expiration of the withdrawal period.
The products must not have been use/opened and must be returned in perfect condition in their original packaging. The products must be returned to the following address:
within fourteen days from the date on which the right of withdrawal was used. The return costs are exclusively at the charge of the customer, who must also provide proof of the return of the package.
Any return made in accordance with the conditions of the present article will give rise to a refund of the totality of the sums paid by the customer for the purchase of the product considered, at the latest within 14 (fourteen) days from the date on which the right of withdrawal was exercised, subject to the effective receipt of the products concerned by www.bcparis.com.In the event that the products concerned have not been received by www.bcparis.com on this date, the reimbursement shall be delayed until has actually received the said products.
Article 8: Liability
www.bcparis.com is exonerated from all or part of its liability in the event of non-performance or bad execution of the contract due, either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
Article 9: Warranty
The products sold by www.bcparis.com benefit from the legal warranty of conformity envisaged in article L211-4 and following of the French Consumer Code as well as the legal warranty of the defects of the thing sold envisaged by articles 1641 and following of the Civil Code.
When the customer acts in legal warranty, he:
- has a period of two (2) months from the delivery of the goods to act;
- can choose between the reparation or the replacement of the good, subject to conditions of cost provided for by article L217-9 of French Consumer Code;
- is exempted from proving the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods, except for goods sold second-hand where the above-mentioned period is reduced to six (6) months.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted. In addition, the customer can decide to implement the warranty against latent defects of the thing sold, in accordance with article 1641 of the French Civil Code. In this case, the customer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
In case of application of the warranty against latent defects, the customer has a period of two (2) years from the discovery of the latent defect to act, in accordance with article 1648 of the French Civil Code.
Article 10: Cosmetovigilance
In the event of an undesirable effect occurring during or after the normal or reasonably foreseeable use of a product and which is not necessarily related to the product, the customer may make any report to www.bcparis.com (see article 13).
Article 11: Confidentiality and personal data
Article 11.1: Information processing
During your user experience on our Website, we may collect personal data about you. To learn more about this.
To provide you with the best customer experience, cookies may be used on our Website. To learn more about this.
Article 11.3: Evidence – data archiving
www.bcparis.com will preserve the evidence of the written communications, orders, payments, invoices, deliveries, and transactions occurred on the Website on a reliable and durable support.
Moreover, by express agreement between www.bcparis.com and the customer, the electronic mails are evidence between the parties as well as the automatic recording system used on the Website, in particular concerning the nature and the date of the order.
Article 12: Applicable law and language - mediation - jurisdiction
These GTC are governed by French law. The language applicable to the sales contract and ton any dispute relating to it is French.
In the event of litigation, the customer will have to address to our consumer service (our complete contact details are in article 13 “Contact us” hereafter). The customer and www.bcparis.com will then seek an amicable solution.
In accordance with the provisions of consumption code concerning the amicable settlement of disputes,www.bcparis.com has adhered to the services of the Centre de Médiation et d’Arbitrage de Paris (CMAP) (hereinafter the “Mediator”) whose contact details are the following : 39 avenue Franklin Delano Roosevelt, 75008 Paris – https://www.cmap.fr. Consequently, failing an amicable agreement with www.bcparis.com, the customer may submit the dispute to the Mediator free of charge. To fin find out how to contact the Mediator, the customer may consult: www.cmap.fr/offre/un-consommateur/.
In accordance with article 14.1 of the EU Regulation n°524/2013, the customer will also have the possibility of using the online platform for dispute resolution free of charge, at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR
If the dispute persists, the French jurisdictions are only competent to know any dispute relating to the contract concluded between www.bcparis.com and the customer even in the event of plurality of defendants.
Article 13: Contact us
SOCIETE FRANCAISE DE COSMETIQUES
Espace des Récollets, 8 Rue Régnard, 19100 BRIVE LA GAILLARDE - France
Siren : RCS 381 124 544 Brive
Tél. : 05 55 17 45 44
E-mail : firstname.lastname@example.org