General Terms and conditions of sales of the website
Updated on September 21, 2022
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, IDU number FR252369_01JAIN (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 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 metropolitan France, acting as a final consumer (i.e. not acting as a merchant) and placing 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.
In addition, the sale of products on the Website is exclusively reserved for the final consumer, a natural person not acting as a merchant.
www.bcparis.com reserves the right to cancel or refuse any order from a customer who does not answer the definition of the final consumer, who does not have the legal capacity to contract, and/or with whom there would exist a litigation relating to the placing or to the execution of a precious order.
In all cases where www.bcparis.com is obliged to apply the provisions of this article due to the fault of the customer, the costs incurred by the refusal or cancellation of the order, in particular bank charges amounting to 4% of the amount of the order including all taxes, shall be borne exclusively by the customer.
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. 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.
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.
The prices take into account the VAT applicable on the date of the invoice and any change in the applicable VAT rate will be automatically applied to the prices indicated. The VAT which will be effectively paid by the customer will be the VAT at the date of invoicing.
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.
Promotional offers are only valid during the period of validity of the offer concerned, indicated on the Website.
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” if he does not already have one or log in with his login and password if he already has a customer account.
This customer 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.
Before validating the order, the customer will be able, if he want, to use a promotional code or a reduction voucher resulting from the loyalty program which will be directly deduced from the amount due under the placed order.
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 purchases made on the Website is made exclusively in euros (€).
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 and reserves the right to suspend or cancel any order in the event of fraud or attempt of fraud with the use of the Website. The customer, to pay his order, can use the following means of payment:
> Credit card
Whatever the chosen method of payment, the amount of the order is debited at the time the order is placed.
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.
The customer must check the exhaustiveness and the conformity of the information concerning the delivery address which he provides to www.bcparis.com. 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.
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.
These delivery times are given subject to the delivery capacities of La Poste and the respect by the latter of its own delivery times.
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 www.bcparis.com 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.
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 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.
Article 7 : Loyalty program
Article 7.1 : Generality
www.bcparis.com proposes to the customer a loyalty program allowing to perceive on a pot, on each order 2% of the amount including all taxes of the said order (except carriage costs), the amount cumulated on the pot being able to be converted into reduction voucher and used as of the following order.
www.bcparis.com has the right, at any time, to modify the terms and conditions of the loyalty program or to cancel it.
www.bcparis.com cannot guarantee that the unused pot will be reusable in any form whatsoever in the case of a modification or a permanent cessation of the loyalty program.
No modification or cancellation of the loyalty program will entitle the customer to any compensation.
Article 7.2 : Membership
Membership in the loyalty program is automatic and free.
Each customer is deemed to have accepted the loyalty program when creating his customer account, or failing that, by accepting these GTC when placing an order.
Article 7.3 : Pot
No amount will be credited on the pot for the purchase of care gift cards and promotional products.
The amount of the pot can neither be transferred to a third party, nor reimbursed by www.bcparis.com.
The customer can consult at any time the amount of his pot on "My account" in the "Loyalty Program".
It being specified that the updating of the amount is done once the payments have been received by www.bcparis.com.
If the customer cancels his order or returns some or all of the products ordered, then the amount earned on the cancelled order or the returned products will be cancelled
Article 7.4 : Operation
Article 7.4.1 : Conversation
The customer must convert all or part of the pot into a voucher in "My Account", tab "loyalty program". The customer chooses the amount to convert within the limit of the amount in the pot. This voucher is materialised by a nominative promo code.
No deadline is imposed by www.bcparis.com to the customer to convert the amount earned.
This conversion can be done at any time in the customer account, tab “loyalty program”, or during the order validation by clicking on “Convert now”.
After conversion, the vouchers are accessible in “My account”, tab “vouchers”.
Article 7.4.2 : Use
The vouchers are valid for all products in the online store.
The vouchers cannot be cumulated. Only one voucher can be used per order.
The vouchers are valid for one month. The expiration date of the coupons is indicated in “My account”, tab “coupons”.
There is no minimum order amount to use a voucher.
If a voucher has been used on a cancelled order, the voucher is lost forever.
Any conversion of the pot into a voucher is definitive. The customer cannot change the converted amount.
Article 7.5 : Liability
The customer agrees to use the loyalty program in accordance with these GTC. Failing this, www.bcapris.com reserves the possibility of revising the advantage from which the customer benefited under the loyalty program.
Article 8 : Right of withdrawal
In accordance with article L221-18 et seq. 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. The form must be downloaded, completed and returned to firstname.lastname@example.org 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:
SOCIETE FRANCAISE DE COSMETIQUES
Espace des Récollets
8 Rue Régnard
19100 BRIVE LA GAILLARDE
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 www.bcparis.com has actually received the said products.
Article 9 : 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.
The Website is accessible 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, for maintenance purposes or in the event of force majeure. Being in fact subjected to an obligation of means, www.bcparis.com could not be held responsible for any damage, whatever its nature, resulting from an unavailability of the Website; the interruption of this access could not give place to compensation.
Moreover, www.bcparis.com declines any responsibility for any occurrence of bugs, any damage resulting from a fraudulent intrusion of a third party having entrained a modification of the information appearing on the Website, and, more generally, of any damage, direct or indirect, that they are the causes, origins, natures or consequences.
Article 10 : Force Majeure
Neither party shall be liable for the total or partial non-performance of its obligations under the GTC if such non-performance is caused by an event constituting force majeure.
In addition to events meeting the criteria set by the jurisprudence of the Court of cassation and the legislation, any fact, and in particular but not exclusively any epidemic accompanied by public health measures, preventing the performance of obligations under the GTC and which could not be overcome despite reasonable diligence on the part of the party suffering from it, shall be considered as force majeure.
The party invoking an event of force majeure shall notify the other party within five (5) business days of the occurrence of such event. The parties agree that they shall consult as soon as possible in order to determine together the terms and conditions of execution of the order during the period of force majeure. Beyond a period of one (1) month of interruption due to force majeure, www.bcparis.com may not honor the order, at the expense of the latter to reimburse the customer if necessary.
Article 11 : 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.
www.bcparis.com is held to deliver a good in a conformity with the order carried out by the customer and must answer for the defects of conformity existing at the time of the delivery.
Goods are deemed to be in conformity if they are:
1) fit for the purpose usually expected of similar goods and, as the case may be:
- corresponding to the description given by the seller and having the qualities that the seller has presented to the buyer in the form of a sample or model;
- having the qualities that a buyer may legitimately expect in view of the public statements made by the seller or his representative, particularly in advertising or labelling.
2) or having the characteristics defined by mutual agreement between the parties or being suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
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 17).
Article 13 : Confidentiality and personal data
Article 13.1 : 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 13.3 : 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 14 : 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 15 : Invalidity of a clause
In the event that any one or more provision of the GTC are, for any reason whatsoever, deemed invalid or unenforceable, such invalidity or enforceability shall not affect any other provision of the GTC.
www.bcparis.com will replace the said provision(s) by a valid and enforceable provision(s), in conformity with the legal and regulatory provisions.
Article 16 : Entirety of the contract
The GTC and the summary of order communicated to the customer form a contractual whole and constitute the entirety of the commercial relations between www.bcparis.com and the customer.
Article 17 : 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 : email@example.com