The general terms and conditions (below « GTC») are included between :
COSMETIC FAMILY SAS
Share capital 5000 €
Address 437 chemin du Caladou 06560 Valbonne
SIREN number 822 895 710
Tel : 0681961197
name below « COSMETIC FAMILY SAS»
Every person who would like to place an order via the web site Malou & Marius, accessible with the following address www.malouetmarius.com (name below « the WebSite »), name below « the Customer ».
The following general terms and conditions are intended for applying to every order realised by consumers through our website. These general conditions are applicable from the 01/07/2020.
Article 1 : Field of application and acceptation of conditions.
The GTC aim to interact relation between Cosmetic Family and the customer, just as applicable conditions for every order placed via the web site www.malouetmarius.com. Consequently, placing an order involve the entire membership and without a customer reserve to their GTC, excluding any other document such as catalogues, flyers etc. from Cosmetic Family that do not have an indicative value. All contrary condition opposed by the customer will, as a default of acceptation, unenforceable for Cosmetic Family, whatever the moment where it is brought to its knowledge. The fact that Cosmetic Family do not avail itself at some any present general conditions could not be interpreted as a waiver of any of these conditions shall be deemed to be necessary. The customer can simply, freely and at any time consult these general conditions of sale by clicking on the "GTC" link. Thus, any order of articles placed by a customer will imply the final and irrevocable agreement of the customer on all the general conditions of sale presented below. Cosmetic Family reserves the right to adapt or modify at any time these general conditions of sale. In case of modification, the general conditions of sale in force on the day of placing the order will be applied to each order.
Article 2 : order process.
Before placing an order, the Customer selects the desired Product whose characteristics (in particular name, price, quantity, colour, characteristics) he declares to accept, have been transmitted to him or appear on the Site. The Customer must then fill in certain valid identification data, necessary to identify it, namely:
- Surname, first name, billing address, delivery address if different from the billing address, e-mail address, telephone number.
The Customer may, if he wishes, create an account on the site to keep his identification data for a possible future purchase. The Customer, after checking the box indicating that he has read and accepted the General Conditions, then validates his order and proceeds to the payment of the price and the shipping costs by choosing the method of payment, namely credit card.
A summary of the order will be accessible to the Customer via his Customer account if he has opened one, or by the email sent to him after validation of the order. In the absence of compliance with the General Terms and Conditions by the Customer, particularly as regards 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 measure in this direction, the Customer will be notified as soon as possible by Cosmetic Family, mentioning the possibility for it to regularize its situation, as well as the possibility to contest the elements that are reproached to it. Accordingly, Cosmetic Family reserves the right to refuse any order from a Customer with whom such unresolved dispute exists. 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 retained by Cosmetic Family.
Article 3 : products and availability
Cosmetic Family undertakes, within the framework of an obligation of means, that the colors and motifs presented on the photos of the Products are faithful to the original products and to verify the accuracy of the texts, photographs, or graphics related to the Product. The essential features of Cosmetic Family Products are described alongside one or more photographs that may, despite all the precautions of the company Cosmetic Family include minimal differences with the item offered for sale that may come from the distance of shooting, the treatment of photographs and the mode of transmission and display of data on the screen. Cosmetic Family cannot be responsible.
The products are marketed within the limits of available stocks.
Article 4 : prices and shipping.
Prices are expressed in euros including taxes and are exclusive of transport costs. For a delivery outside the European Union, the customer will have to pay customs duties, VAT or other taxes due on the occasion of the importation of the products in the country of the place of delivery. The related formalities are also the sole responsibility of the customer, unless otherwise stated. The customer is solely responsible for verifying the import possibilities of the ordered products in accordance with the law of the territory of the country of delivery. An invoice will be drawn up on request by the company Cosmetic Family. The customer must specify the shipping address of the invoice. Cosmetic Family reserves the right to change its prices at any time, in particular in case of increased charges, VAT rate or in case of manifest error, but undertakes to apply the rates in force at the time of your order, subject to availability on that date.
The customer will have to pay the transportation costs, unless he benefits from a special offer by exonerating him. Shipping costs include a contribution to the preparation and packaging costs and postage costs. They are lump sum. 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). The Customer is advised to group all its Products into a single order; Cosmetic Family is not able to group two separate orders, so shipping will be charged for each order.
Article 5 : Terms of payment.
The payment of the total price is due from the order. The customer is engaging to pay the price stipulated for the product order on the e-shop (products' prices and shipping) just as pay or get paid, while, and this directly to the forwarding agent, custom duties, VAT or other taxes due to importation of products in the country of place of delivery. The customer pay its order according to the proposed modalities on the web site. To maximize security of your payments, Cosmetic Family uses « La Banque Populaire », as a payment solution for credit cards.
With this system, credit card payment is directly performed on the Banque Populaire secure server for Cosmectic Family. At some point, the card number will not be communicate to Cosmetic Family. The payment is directly performed to the bank. Cosmetic Family has no access to these data and does not keep it on their servers. That is why it is demanded in every new transaction on the website.
Cosmetic Family reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being administered. The payment of an order can come back at any time in unpaid until 120 days from the placing of the order. As a result, Cosmetic Family reserves the right, in its sole discretion, not to ship a package whose payment, IP address or delivery address may appear doubtful or unsafe to Cosmetic Family or any third party. Cosmetic Family will then have no compensation or compensation of any kind to pay since it is the safety of its own customers, suppliers and service providers.
Article 6 : Shipping modalities.
6.1 Place of delivery
The orders placed via our website could be delivered anywhere in the world. All orders are delivered in the delivery address mentionned at the time of ordering or as default in the contact sheet appearing in the account. In case of mistake from the customer during the communication of its data or missing informations, bringing back the product, it will be re-exported at its own expense.
6.2 Time limit and method of execution
The order will be execute average time of 5 working days following the payment date, provided the availability of the product ordered and except specific permissions of the two parts. However, customer expressly acknowledges that the delivery period may be extended by 20 days for deliveries made outside metropolitan France. In case of out of stock, or unavailability of the Product ordered, Cosmetic Family undertakes to inform the Customer as soon as possible and to specify a period of availability. The Customer will confirm by e-mail his choice between waiting for the availability of the Product or being reimbursed, excluding any damages. A delay in delivery may not give rise to any deduction, penalty, compensation or compensation.
If 30 days after ordering, the product is still not delivered, for any reason other than force majeure, the sale may then be resolved at the request of either party by letter RAR, excluding any damages. Shall be considered as a case of force majeure discharging Cosmetic Family from its obligation to deliver: war, riot, fire, strikes, accidents, regulation or requirement of public authority, or any other unavoidable event, unpredictable and beyond the control of Cosmetic Family. Cosmetic Family will keep the Customer informed in a timely manner of the cases and events listed above. Cosmetic Family will reimburse the Customer for all amounts paid, no later than 14 days following the date on which the contract was terminated.
6.4 Delivery :
Normally, the delivery on time could be delivered even if the customer updated its obligations to Cosmetic Family.
After the delivery, the customer has to verify the contents, its conformity and the state of the products . In case of problems, customer should respect the reclamation procedure aim to articles 10 et 11 below.
Article 7 : Out of stock or unavailabilities.
In case of out of stock or unavailability of the ordered product, Cosmetic Family undertakes to inform the customer as soon as possible. Cosmetic Family will specify a period of availability and offer him the possibility to reimburse him or to provide 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, excluding any damages. In case of refund chosen by the Customer, the latter will intervene within 30 days of the order. To this end, he will provide Cosmetic Family with his bank details. However, if 3 months after the delivery date, the product has not been delivered, for any reason other than a case of force majeure, the sale may then be resolved at the request of either party to the exclusion of any damages. Shall be considered as a case of force majeure discharging Cosmetic Family from its obligation to deliver: war, riot, fire, strikes, accidents, regulation or requirement of public authority, or any other unavoidable event, unpredictable and 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 Products delivered, until full payment of their principal price and interest if applicable. Failure to pay may result in the claim of the Products by Cosmetic Family of the COMPANY. The above stipulations do not prevent, as from the receipt by the Customer, the transfer to the Customer of the risks of loss or deterioration of the Products as well as the damages it could cause.
Article 9 : responsabilites.
Cosmetic Family cannot be held responsible for the non-performance of the contract due to a case of force majeure, unforeseen case, disruption or total or partial strike including postal services and means of transport and/or communications, flood, fire. The choice and purchase of a product is the sole responsibility of the customer. The total or partial impossibility of using the products in particular because of incompatibility of the material may not give rise to any compensation, refund or questioning of the liability of Cosmetic Family.
Article 10 : right of withdrawal.
The customer has 14 days from the reception of its order, to notify to Cosmetic Family that he wants to exercice his right of withdrawal. He is inform that the return of the product(s) will take place, for an exchange or a repayment, in compliance with article L 212-21-3 of the consummer code. If the period expire a saturday, a sunday or a public holiday, it is extended to the next business day.
In case of the purchase of many products, in one order and delivered separately, whithdrawal time starts the day where the customer took physically possession of the last product.
The notification of the right of return exercice can be doing via e-mail to the following address email@example.com or by letter RAR.
The Customer can also use the following text :
To the attention of Cosmetic Family 437 chemin du Caladou 06560 Valbonne firstname.lastname@example.org
I/We (*) notifie/notifies (*) by this my/our (*) withdrawal of the contract relating to the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Consumer(s):
Address of Consumer(s):
Bank details for reimbursement:
Signature of the consumer(s) (only in case of notification of this paper form):
Cosmetic Family will acknowledge receipt of the Client’s request.
After notifying Cosmetic Family of its desire 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, or have undergone any deterioration whatsoever and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalty, with the exception of the return costs which remain at the Customer’s expense. Within a maximum period of 14 (fourteen) days from receipt of the Product at the address of Cosmetic Family, the Customer will be refunded the sums paid.
Article 11 : complaint and guarantees.
Cosmetic Family do not give any guarantee of apparent defects, detectable after normal examination of the Product, which may affect said Delivered Product which would not have been reported by the Customer under the conditions stipulated below.
The responsability of Customer stay engaged with regards to the depreciation of Products resulting from manipulations of Products other than those necessary for the use of Products.
11.1 : legal guarantee of conformity.
The legal guarantee of conformity covers the defects of conformity of the Product and the packaging in the following situations:
-Property unfit for the usual expected use of a similar property,
-Property that does not correspond to the description given by the seller,
-Property which does not possess 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 any commercial guarantee granted.
The Customer has a period of 2 (two) years to return the Product to Cosmetic Family 437, chemin du Caladou 06560 Valbonne by attaching a letter explaining the problem indicating the date of discovery of the non-conformity, the delivery note and the invoice.
In case of non-compliance, the Customer chooses between repair and replacement of the Product. However, Cosmetic Family may not proceed according to the Customer’s choice if this choice results in a cost clearly disproportionate to the other modality, taking into account the value of the property or the importance of the default. He is then obliged to proceed, unless impossible, according to the other modality. If repair and replacement of the Product is not possible, the Customer may return the Product and have the price returned, or keep the Product and have part of the price returned. However, the sale cannot be rescinded if the non-compliance is minor.
The Customer is exempt from providing proof of the existence of a defect of conformity of the property during the 24 months following the issue 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 at the time of purchase.
11.2 : 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 make use of the guarantee of hidden defects, the defect of the Product must meet the following 3 conditions:
- Be hidden, it is non-appearance during order
- Give the good unsuitable to use to whom is intended, or reduce considerably the use
- Exist at the time of purchase
It belongs to the customer to prove existence of hidden defects
The customer has a period of 2 years to years to return the product to Cosmetic Family 437, chemin du Caladou 06560 Valbonne while giving to the sending, an explicative letter explaining in details the problem with the date of discovering the hidden defect, the prooves of this hidden defect, the delivery note and facture.
If Cosmetic Family considered that one of the the two guarantees must be implemented, it will pay back the price of the product on the receipt sheet, in a period allowing it to carry out a prior Product evaluation.
Article 12 : intellectual properties.
All elements of the WebSite, including all graphic, sound and textual elements, including the underlying technology and product presentation, are the exclusive property of Cosmetic Family. The elements of the WebSite are protected by copyright, trademark law, database law, and more generally intellectual property law. As a result, the Customer expressly forbids any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Site and not to infringe the intellectual property rights of Cosmetic Family. Except with the prior written consent of Cosmetic Family, Customer shall also refrain from copying, distributing, selling or transferring any information and/or Product obtained from the WebSite.
Article 13 : computer arrangement and liberties.
Personal information relating to the Customer is processed automatically by Cosmetic Family. The Customer has, in accordance with the provisions of the French Data Protection Act of 6 January 1978, the right to access, modify, rectify, oppose and delete personal data concerning him. This right can be exercised by contacting Cosmetic Family at email@example.com. Subject to the Customer’s prior consent, Cosmetic Family will transfer this data to third parties. Cosmetic Family informs the Customer that its personal data may be communicated to the following recipients: Cosmetic Family service providers involved in the execution of the order.
Article 14 : retention of ownership and transfer of risk
We reserve the 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 covers both the goods and their price if they have already been resold. (Law of 12 May 1990). On the other hand, the transfer of the risks of loss and deterioration of the Products will be carried out upon delivery and receipt of said Products by the Customer.
Article 15 : wholeness and partial non-validity
The present GTC reveals the entire obligations of the parts. Any indication, any document, could cause obligation of these, if they did not are the subject of supplementary clause signed by the two parts. Any anterior correspondence upon signature hereof could generate obligations in the same way as the contract. In the case of one of the present general terms and conditions dispositions could be renowed or declared, by court decision, illigal or non-written, the other dispositions of the present general terms and conditions will stay completely applicable.
Article 16 : practical right and expertise
All relations arose from connexion and/or the use of the present website are submissive to the French right.
Article 17 : mediator of consumption.
In accordance with article L.616-1 of the French Consumer Code, the Customer is informed of the possibility of free recourse, in case of dispute, to a conventional mediation procedure or to any other alternative dispute resolution method, by addressing:
73 bd de Clichy 75009 Paris
01 49 70 15 93
The customers could also look at the european dispute settlement platform on> this link<
General terms and conditions updated on the 07/01/2020.