GENERAL TERMS AND CONDITIONS OF SALE
The online store at www.paomaparis.fr is operated by Beauty Bc, the company that runs this website. Any order placed for a product featured in the online store at www.paomaparis.fr implies prior consultation of these terms and conditions.
Consequently, the consumer acknowledges being fully informed that their agreement to the content of these terms and conditions does not require a handwritten signature, insofar as the customer wishes to order the products presented in the website's online store. The consumer has the option to save or print these terms and conditions, it being understood that both saving and printing this document are their sole responsibility. Prior to placing their order, the consumer declares that the purchase of these products is not directly related to their professional activity, and that the purchase is intended solely for their personal use. As a consumer, the customer therefore has specific rights, which would be jeopardized if the products or services purchased through the website were in fact related to their professional activity. The online store operated by BeautyBc on the website includes the following information:
- legal notice allowing for precise identification of the company BeautyBc
- presentation of the essential characteristics of the goods offered
- An indication, in Euros, of the price of the goods, as well as, where applicable, delivery charges
- indication of the terms of payment, delivery, or performance
- the existence of a right of withdrawal
- the validity period of the offer or price
- the conditions for terminating the contract when it is for an indefinite period or for a period exceeding one year
All of this information is presented in French. The consumer declares that they have the full legal capacity to enter into this agreement under these terms and conditions
Article 1: Entirety
These terms and conditions constitute the entire agreement between the parties. By placing an order, the consumer is deemed to have accepted all the provisions of these terms and conditions without reservation. No general or specific terms and conditions contained in documents sent or provided by the consumer shall be incorporated herein, insofar as such documents are incompatible with these terms and conditions.
Article 2: Purpose
These general terms and conditions are intended to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company BeautyBc to the consumer.
Article 3: Contractual Documents
This contract is formed by the following contractual documents, listed in descending order of precedence: these general terms and conditions; the purchase order. In the event of any conflict between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into force – duration
These terms and conditions come into effect on the date the order form is signed. These terms and conditions remain in effect for the duration necessary to provide the goods and services ordered, until the expiry of all warranties owed by BeautyBc.
Article 5: Electronic Signature
The consumer's 'double click' on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 6: Order Confirmation
Contractual information will be confirmed by email no later than the time of delivery or, failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of Transaction
The computerized records, stored in BeautyBc's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8: Product Information
8-a: BeautyBc presents its products for sale on its website with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which stipulates that potential consumers must be able to know the essential characteristics of the products they wish to purchase before placing a final order.
8-b: Offers presented by BeautyBc are valid only while stocks last.
Article 9: Price
Prices are listed in euros and are valid only on the date the order form is submitted by the customer. They do not include delivery charges, which are billed separately and shown before order confirmation. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store. Full payment is due at the time of ordering. Under no circumstances will payments be considered as deposits or down payments.
Article 10: Payment Method
To pay for their order, the consumer may choose from all the payment methods listed on the order form. The consumer guarantees to BeautyBc that they have all necessary authorizations to use the payment method chosen when validating the order form. BeautyBc reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. BeautyBc also reserves the right to refuse to make a delivery or fulfill an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is pending. BeautyBc has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the customer may be asked to send BeautyBc a copy of their identification and proof of address by fax or email. The order will only be validated after our team has received and verified the documents.
Article 11: Product Availability
The order will generally be processed within 48 hours from the day after the consumer places their order. If the ordered product is unavailable, particularly due to our suppliers, the consumer will be informed as soon as possible and will have the option to cancel their order.
Article 12: Delivery Terms
Products are delivered to the address indicated by the consumer on the order form in mainland France or Europe. The consumer is required to check the condition of the packaging upon delivery and to report any damage caused by the carrier on the delivery note, as well as to BeautyBc, within one week. The consumer may request that the invoice be sent to the billing address rather than the delivery address by selecting the corresponding option on the order form. Shipping is via tracked letter, tracked parcel, or courier, depending on the weight, volume, and value of the goods.
THE POST OFFICE
To minimize shipping costs, all small and medium-sized items are shipped via postal services: Chronopost, Colissimo Tracking, or Tracked Letter. In addition to being economical, this service delivers within 48 business hours throughout France and offers the option of collecting your order from a nearby pickup point if you are not home when the postman attempts delivery. Specifically, if you are not home on the day of delivery, your postman will leave a delivery notice in your mailbox, allowing you to collect your package from the pickup point near your home during its opening hours, within 15 days. Chronopost Tracking, Colissimo Tracking, and Tracked Letter are very reliable services. However, as with any shipment, there is a possibility of delivery delays or lost packages. If your delivery is delayed by more than 10 days from the date indicated in your shipping confirmation email, please notify us by email. We will then contact the postal service to initiate an investigation. A postal investigation can take up to 21 days from the date it begins. If the product is found during this period, it will be immediately reshipped to your address (this is the case in most instances). However, if the product is not found after the 21-day investigation period, the postal service will consider the package lost. Only at this point can we send you a replacement product at our expense. If the ordered product(s) are no longer available at that time, we will refund the amount for the product(s) lost by the carrier. We are not liable for any delays caused by the carrier, particularly in cases of lost products or strikes.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products) must be clearly indicated on the delivery note as 'handwritten reservations', accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within two (2) business days following the delivery date, detailing the claims. The consumer must send a copy of this letter by fax or regular mail to:
Beauty BC
Customer Service,
18 rue des Quatre Vents, 75006 Paris
Article 14: Delivery Errors
14-a: The consumer must notify BeautyBc of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the information on the order form, on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.
14-b: This complaint to BeautyBc can be made: – preferably by email: contact@beautybc.com or by logging onto our site in the 'contact us' section where, after entering your order number, you can ask us your question.
14-c: Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the company BeautyBc from any liability towards the consumer.
14-d: Upon receipt of the complaint, BeautyBc will assign an exchange number to the product(s) in question and communicate it to the consumer by email, fax, or telephone. A product exchange can only take place after the consumer has been assigned an exchange number, following the procedure outlined above.
14-e: In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to BeautyBc in its entirety and in its original packaging, via Colissimo Recommandé (registered mail), to the following address:
MPO (for BeautyBC)
BtoC Returns Department
6228 BOULEVARD DE L'EUROPE
53700 VILLAINES LA JUHEL
To be accepted, all returns must be reported to BeautyBc Customer Service beforehand.
Shipping costs are covered by BeautyBc, except in cases where the returned product does not match the original description provided by the consumer on the return form.
Article 15: Product Warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein shall not deprive the consumer of the legal guarantee that obliges the professional seller to protect them against all consequences of hidden defects in the item sold. The consumer is expressly informed that BeautyBc is not the producer of the products presented on this website, as defined by Law No. 98-389 of May 19, 1998, concerning liability for defective products. Consequently, in the event of damage to a person or property caused by a product defect, only the producer of the product may be held liable by the consumer, based on the information appearing on the product packaging. The terms and duration of the manufacturer's warranty are indicated on the product pages.
Article 16: Right of withdrawal
The consumer has 14 days to return, at their own expense, any products that do not meet their expectations. This period begins on the day the consumer's order is delivered. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. All returns must be reported in advance to BeautyBc Customer Service: – preferably by email to contact@beautybc.com, – or by logging into our website and going to the " Contact Us". The product must be returned via Colissimo Registered Mail to MPO for BeautyBC, BtoC Returns Department, 6228 Boulevard de l'Europe – 53700 VILLAINES LA JUHEL, France.
Products such as hygiene products, beauty products or cosmetics must not have been unsealed, in order for the consumer to be able to benefit from the right of withdrawal.
Only complete and undamaged products returned in their original packaging and in perfect condition for resale will be accepted. Any damaged product will not be refunded.
This right of withdrawal may be exercised without penalty, except for return shipping costs. If the right of withdrawal is exercised, the consumer will request a refund of the sums paid.
In the event of exercising the right of withdrawal, BeautyBc will make every effort to reimburse the consumer within 14 days.
The consumer will then be reimbursed by crediting their bank account (secure transaction) in the case of payment by bank card, or by check in other cases.
Article 17: Usage Rights
The right to use BeautyBc's software, as well as software distributed by BeautyBc, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the French Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce the software solely for the purpose of creating a backup copy, when such a copy is necessary to preserve the software's functionality. In any event, the software author retains ownership of their work, which the consumer agrees to respect.
Article 18: Force majeure
Neither party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by them despite all reasonable efforts. The party affected by such circumstances shall notify the other party within ten business days of becoming aware of them. The two parties shall then meet within one month, unless prevented by the force majeure event itself, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the affected party. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the interruption of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
Article 19: Partial Non-validation
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
Article 20: No Waiver
The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
Article 21: Title
In case of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses, and any of the clauses themselves, the headings shall be declared non-existent.
Article 22: Applicable Law
These terms and conditions are governed by French law. This applies to both substantive and procedural rules
Article 23: Data Processing and Freedoms
The information requested from the consumer is necessary for processing their order and may be shared with BeautyBc's contractual partners involved in fulfilling that order. The consumer may write to BeautyBc, whose contact details are provided in the privacy policy on the website, to object to such sharing or to exercise their rights of access and rectification regarding their personal information held in BeautyBc's files, in accordance with the provisions of the French Data Protection Act of 6 January 1978.
All data collected for order processing has been declared to the CNIL under number 1094041.
Article L. 138-4 of the Consumer Code relating to delivery and transfer of risk states:
"All risk of loss or damage to goods is transferred to the consumer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.".
BeautyBC is a simplified joint-stock company (SAS) with a capital of €145,832.50, whose registered office is located at 18, rue des Quatre Vents – 75006 Paris, and is registered with the Nanterre Trade and Companies Register under number 789 089 893 – APE code 7022 Z –