General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") are concluded between:
COSMETIC FAMILY SAS
Located at 437 chemin du Caladou 06560 Valbonne, France
SIREN number 822 895 710
contact@malouetmarius.com
Hereinafter referred to as "COSMETIC FAMILY SAS"
And
Any person wishing to make a purchase via the Malou & Marius website, accessible at the following address www.malouetmarius.com (hereinafter referred to as "the Website"), hereinafter referred to as "the Customer".
The following general terms and conditions are intended to apply to any order placed by consumers through our website. These general terms and conditions are those in force as of 07/01/2020.
Article 1: Scope and acceptance of the conditions
These GTC aim to govern the relationship between Cosmetic Family and the Customer, as well as the conditions applicable to any purchase made through the website www.malouetmarius.com. Consequently, placing an order implies the full and unreserved acceptance of these GTC by the Customer, to the exclusion of all other documents such as catalogs, brochures, etc. issued by Cosmetic Family, which have only an indicative value.
Any contrary condition opposed by the Customer will, therefore, in the absence of express acceptance, be unenforceable 1 against Cosmetic Family, regardless of when it may have been brought to its attention. The fact that Cosmetic Family does not invoke at a given time any of these general conditions cannot be interpreted as a waiver to invoke them later. The customer can consult these general terms and conditions of sale simply, freely and at any time by clicking on the "GTC" link. Thus, any order of items placed by a customer will imply the definitive and irrevocable agreement of the customer on all the general conditions of sale presented below. Cosmetic Family reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the general 2 conditions of sale in force on the day of the order will be applied to each order.
Article 2 : Order process
Before placing an order, the Customer selects the desired Product, the characteristics of which (in particular name, price, quantity, color, specific features) that he/she declares to accept, have been communicated to him/her or appear on the Website. The Customer must then provide certain valid identification data, necessary to identify him/her, namely:
• Surname, first name, billing address, delivery address if different from the billing address, e-mail address, telephone number.
The Customer may, if he/she wishes, create an account on the website in order to keep his/her identification data for a possible future purchase. The Customer, after having ticked the box indicating that he/she has read and accepted the General Conditions, then validates his/her order and proceeds to the payment of the price and delivery costs by choosing the method of payment, namely credit card.
A summary of the order will be accessible to the Customer through his/her Customer account if he/she has opened one, or by the email that will have been sent to him/her after validation of the order. In the absence of respect for the General Conditions by the Customer, in particular with regard to the payment of an order, Cosmetic Family reserves the right to suspend its service and, if necessary, suspend or terminate the Customer's account. Prior to any action in this respect, the Customer will be informed as soon as possible by Cosmetic Family, mentioning the possibility for the latter to regularize his/her situation, as well as the possibility of contesting the elements of which he/she is accused. Consequently, Cosmetic Family reserves the right to refuse any order from a Customer with whom there is such an unpaid dispute. In accordance with Article 11 of the General Conditions, the Customer has in all cases a right of opposition, access, and rectification of all data concerning him/her kept by Cosmetic Family.
Article 3: Products and availability
Within the framework of an obligation of means, Cosmetic Family undertakes to ensure that the colors and patterns presented in the photos of the Products are faithful to the original products and to verify the accuracy of the texts, photographs, or graphics relating to the Product. The essential characteristics of Cosmetic Family Products are described alongside one or more photographs which may, despite all the precautions taken by the company Cosmetic Family, contain minor differences with the item offered for sale which may come from the shooting distance, the processing of photographs and the mode of transmission and display of data on the screen. 1 The company Cosmetic Family cannot be held responsible for this.
The products are marketed within the limits of available stocks.
Article 4 : Price and shipping costs
4.1 Price
Prices are expressed in euros including VAT and are exclusive of transport costs. For delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due upon importation of the products into the country of the place of delivery. The related formalities are also the sole responsibility of the customer, unless otherwise 1 indicated. The customer is solely responsible for verifying the import possibilities of the ordered products with regard to the law of the territory of the country of delivery. An invoice will be issued upon request by the company Cosmetic Family. The customer must specify the sending address of the invoice. Cosmetic Family reserves the right to modify its prices at any time, in particular in the event of an increase in charges, the VAT rate or in the event of a manifest error, but undertakes to apply the rates in force at the time of your order, subject to availability on that date.
4.2 Shipping costs
The customer will have to pay the transport costs, unless he benefits from a special offer exempting him. The shipping costs include a contribution to the preparation and packaging costs and the postage costs. They are fixed. Only the geographical area, the type of product and the shipping method chosen by the Customer vary the amount (see the details of shipping costs). It is advisable for the Customer to group all his Products in a single order; Cosmetic Family not being able to group two distinct orders, the shipping costs will be invoiced for each order.
Article 5 : Payment terms
The payment of the full price is due upon order. The customer undertakes to pay the price stipulated for the product ordered on the online store (price of products and transport) as well as to pay or have paid, if applicable, and this directly to the freight forwarder or carrier, the customs duties, VAT or other taxes due upon importation of the products into the country of the place of delivery. The customer pays his order according to the modalities proposed on the online store.
To maximize the security of your payments, Cosmetic Family uses "La Banque Populaire" as a payment solution by credit card.
With this system, payment by credit card is made directly on the secure server of Banque Populaire on behalf of Cosmetic Family. At no time will the card number be communicated to Cosmetic Family. Payment is made directly to the bank. Cosmetic Family has no access to this data, and does not keep it on its servers. This is why they are requested again with each new transaction on our site.
Default of payment:
Cosmetic Family reserves the right to refuse to make a delivery or honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The payment of an order may be returned unpaid at any time up to 120 days from the placing of the order. Therefore, Cosmetic Family reserves the right, at its sole discretion, not to ship a package whose payment, IP address or delivery address may seem doubtful or dangerous for its own account or that of a third party. Cosmetic Family will then have no compensation, nor any compensation of any kind to pay since it is a matter of the safety of its own customers, suppliers and service providers.
Article 6: Delivery terms
6.1 Place of delivery
Orders placed through our Website can be shipped anywhere in the world. All orders are delivered to the delivery address mentioned at the time of the order or, by default, in the Customer contact information appearing in his account. In the event of an error on the part of the Customer when communicating his data or insufficient information, resulting in a return of the Product by the carrier, it will be reshipped at his expense.
6.2 Delivery times and methods
The order will be executed within an average of 5 working days following the date of payment, subject to the availability of the Product ordered and unless specific agreement between the two parties. However, the Customer expressly acknowledges that the delivery time may be extended by 20 days for deliveries made outside mainland France. In the event of a stock shortage, or unavailability of the Product ordered, Cosmetic Family undertakes to inform the Customer as soon as possible and to specify a availability period. The Customer will confirm by e-mail his choice between either waiting for the availability of the Product or being reimbursed, to the exclusion of any damages.
A delay in delivery cannot give rise to any withholding, penalty, compensation or damages.
6.3 Failure to deliver
If 30 (thirty) days after the order, the Product has not been delivered, for any reason other than a case of force majeure, the sale may then be canceled at the request of either party by registered letter with acknowledgment of receipt, to the exclusion of any damages. The following are considered as cases of force majeure releasing Cosmetic Family from its obligation to deliver: war, riot, fire, strikes, accidents, regulations or requirements of the public authorities, or any other unavoidable, unforeseeable event beyond the control of Cosmetic Family. Cosmetic Family will inform the Customer, in a timely manner, of the cases and events listed above. Cosmetic Family will reimburse the Customer for all sums paid, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
6.4 Delivery
In any event, delivery within the deadlines can only take place if the Customer is up to date with his obligations towards Cosmetic Family.
Upon delivery, the Customer must check the content, conformity and condition of the Product(s). In case of problems, the Customer must respect the complaint procedure referred to in Articles 10 and 11 below.
Article 7: Stock shortage or unavailability
In the event of a stock shortage or unavailability of the product ordered, Cosmetic Family undertakes to inform the customer as soon as possible. Cosmetic Family will specify a availability period and offer him the possibility of being reimbursed or of providing him with a product of equivalent price and quality. The customer will confirm by e-mail his choice either to wait for the availability of the product, or to receive a product of equivalent price and quality or to be reimbursed, to the exclusion of any damages. In the event of a refund chosen by the Customer, the latter will intervene within 30 days of the order. To this end, he will communicate his bank details to Cosmetic Family. However, if 3 months after the indicative delivery date, the product has not been delivered, for any reason other than a case of force majeure, the sale may then be 1 canceled at the request of either party to the exclusion of any damages. The following are considered as cases of force majeure releasing Cosmetic Family from its obligation to deliver: war, riot, fire, strikes, accidents, regulations or requirements of the public authorities, or any other unavoidable, unforeseeable event 2 beyond the control of Cosmetic Family. Cosmetic Family will keep the Customer informed, in a timely manner, of the cases and events listed above.
Article 8: Retention of title
Cosmetic Family expressly reserves ownership of the delivered Products until full payment of their price in principal and interest, if applicable. Failure to pay may result in the Products being reclaimed by Cosmetic Family. The above stipulations do not prevent, upon receipt by the Customer, the transfer to the Customer of the risks of loss or deterioration of the Products as well as the damage they could cause.
Article 9: Responsibilities
Cosmetic Family cannot be held responsible for the non-performance of the contract due to a case of force majeure, fortuitous event, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, 1 flood, fire. The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular 2 due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement 3 or questioning of the responsibility of Cosmetic Family.
Article 10: Right of withdrawal
The Customer has a period of 14 (fourteen) calendar days from receipt of his order, to notify Cosmetic Family that he wishes to exercise his right of withdrawal. He is informed that the return of the Product(s) will take place, at his expense, for exchange or refund, in accordance with article L 212-21-3 of the Consumer Code. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
In the event of the purchase of several Products, in a single order and delivered separately, the withdrawal period begins on the day the Customer physically takes possession of the last Product.
The notification of the exercise of the right of return can be made by e-mail to the address contact@malouetmarius.com or by registered letter with acknowledgment of receipt.
The Customer may in particular use the following text:
For the attention of Cosmetic Family 437 chemin du Caladou 06560 Valbonne contact@malouetmarius.com
I/we () hereby notify you of my/our () withdrawal from the contract relating to the sale of the good () / for the provision of services () below:
Ordered on () / received on ():
Name of the consumer(s):
Address of the consumer(s):
Bank details for the refund:
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
Cosmetic Family will acknowledge receipt of the Customer's request.
After notifying Cosmetic Family of his wish to benefit from the right of withdrawal, the Customer has 14 (fourteen) days to return the Product in its original condition and packaging to the address of Cosmetic Family.
It must not have been used, nor have suffered any deterioration, however slight, and be in a perfectly clean condition. This right of withdrawal is exercised without penalty, with the exception of the return costs which remain the responsibility of the Customer. Within a maximum of 14 (fourteen) days from receipt of the Product at the address of Cosmetic Family, the Customer will be reimbursed for the sums paid.
Article 11: Claims and warranties
Cosmetic Family gives no guarantee for apparent defects, detectable after normal examination of the Product, which may affect the delivered Product and which have not been reported by the Customer under the conditions stipulated below.
The Customer remains liable for the depreciation of the Products resulting from handling of the Products other than those necessary for the use of the Products.
11.1: Legal guarantee of conformity
The legal guarantee of conformity covers defects of conformity of the Product and the packaging in the following situations:
• Product unfit for the purpose usually expected of a similar good,
• Product that does not correspond to the description given by the seller,
• Product that does not have the qualities announced by the seller or agreed with the Customer.
To benefit from the legal guarantee of conformity, the defect of the Product must exist on the day of acquisition. The legal guarantee of conformity applies independently of the commercial guarantee possibly granted.
The Customer has a period of 2 (two) years to return the Product to Cosmetic Family 437, chemin du Caladou 06560 Valbonne, attaching to his shipment an explanatory letter of the problem indicating the date of discovery of the non-conformity, the delivery note and the invoice.
In the event of a lack of conformity, the Customer chooses between the repair and the replacement of the Product. However, Cosmetic Family may not proceed according to the choice of the Customer if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. It is then required to proceed, unless impossible, according to the other modality. If the repair and replacement of the Product are impossible, the Customer may return the Product and have the price refunded, or keep the Product and have a part of the price returned. The termination of the sale cannot however be pronounced if the defect of conformity is minor.
The Customer is exempt from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the Product. If the defect appears more than 24 months after the purchase, the Customer cannot benefit from the guarantee of conformity unless he can prove that the defect existed on the day of the purchase.
11.2: Legal guarantee of hidden defects
In accordance with article 1641 of the Civil Code, Cosmetic Family is also bound by the legal guarantee of hidden defects. To invoke the guarantee of hidden defects, the defect of the Product must meet the following 3 conditions:
• Be hidden, that is to say not apparent at the time of purchase,
• Make the good unfit for the use for which it is intended, or greatly reduce its use,
• Exist at the time of purchase.
It is up to the Customer to prove the existence of a hidden defect.
The Customer has a period of 2 (two) years to return the Product to Cosmetic Family 437, chemin du Caladou 06560 Valbonne, attaching to his shipment an explanatory letter of the problem indicating the date of discovery of the hidden defect, the evidence of the existence of the hidden defect, the delivery note and the invoice.
If Cosmetic Family considers that one of these two guarantees should be implemented, it will refund the price of the Product appearing on the purchase invoice, within a period allowing it to carry out an expertise of the Product beforehand.
Article 12: Intellectual Property
All elements of the Website, including but not limited to graphics, sounds, text, underlying technology, and product presentation, are the exclusive property of Cosmetic Family. The Website's elements are protected by copyright, trademark, database rights, and intellectual property law in general. The Customer is strictly prohibited from reproducing, representing, or distributing, even partially, any specific element of the Website and from infringing Cosmetic Family's intellectual property rights. Without Cosmetic Family's prior written consent, the Customer is also prohibited from copying, distributing, selling, or transferring any information and/or Product obtained from the Website.
Article 13: Data Processing and Liberties
The Customer's personal information is automatically processed by Cosmetic Family. In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify, oppose, and delete their personal data. This right can be exercised by contacting Cosmetic Family at contact@malouetmarius.com. Subject to the Customer's prior consent, Cosmetic Family will transfer this data to third parties. Cosmetic Family informs the Customer that their personal data may be disclosed to the following recipients: Cosmetic Family's service providers involved in processing the order.
Article 14: Retention of Title and Transfer of Risk
We retain ownership of the goods until full payment of the price by the buyer, regardless of the delivery date of said Products. Our right of claim applies to the goods as well as to their price if they have already been resold. (Law of May 12, 1990). On the other hand, the transfer of the risks of loss and deterioration of the Products will be made upon delivery and receipt of said Products by the Customer.
Article 15: Entire Agreement and Partial Invalidity
These GTC express the entirety of the parties' obligations. No indication, no document, may create obligations under these terms, unless they are the subject of an amendment signed by both parties. No correspondence prior to the signing hereof may create obligations under this contract. In the event that any provision of these general terms and conditions of sale is deemed or declared, by a court decision, illegal or unwritten, the other provisions of these general terms and conditions of sale shall remain fully in force.
Article 16: Applicable Law and Jurisdiction
All relations arising from the connection and/or use of this site are subject to French law. The competent court in case of dispute will be the court of Paris.
Article 17: Consumer Mediator
In accordance with article L.616-1 of the Consumer Code, the Customer is informed of the possibility of resorting free of charge, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method, by contacting:
MÉDICYS
73 bd de Clichy 75009 Paris
01 49 70 15 93
contact@medicys.fr
www.medicys.fr
Consumers can also consult the European dispute resolution platform at > this link <
General terms and conditions of sale updated on 07/01/2020