The online store on the www.paomaparis.fr website has been set up by the BeautyBc company, which is the operator of this site. Any order taken for a product appearing in the online store of the website www.paomaparis.fr implies the prior consultation of the present general conditions.
Consequently, the consumer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the store of the Web site. The consumer has the option to save or edit these terms and conditions, being specified that both the saving and editing of this document are his sole responsibility. The consumer, before his order, declares that the acquisition of these products is without direct relationship with his professional activity, their acquisition being reserved for a personal use of its share. As a consumer, the customer thus has specific rights, which would be called into question in the hypothesis where the products or services acquired within the framework of the Web site would have in reality a report with its professional activity. The online store set up by the company BeautyBc within the framework of the website mentions the following information:
- legal notice allowing a precise identification of the company BeautyBc
- presentation of the essential characteristics of the goods offered
- indication, in Euros, of the price of the goods, as well as, if necessary, the delivery costs
- 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 of termination of the contract when it is for an indefinite period or for a period of more than one year
All this information is presented in French. The consumer declares to have the full legal capacity allowing him to commit himself under these general conditions
Article 1: Completeness
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company BeautyBc to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the purchase order. In case of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary to the supply of the goods and services subscribed, until the extinction of the guarantees due by the BeautyBc company.
Article 5: Electronic signature
The 'double click' of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the BeautyBc company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.
Article 8: Product information
8-a: The company BeautyBc presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking the final order the essential characteristics of the products he wants to buy.
8-b: The offers presented by the company BeautyBc are valid only within the limits of available stocks.
Article 9 : Prices
The prices are indicated in euros and are valid only at the date of the sending of the order form by the consumer. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the V.A.T. applicable on the day of the order and any change in the applicable V.A.T. rate will automatically be reflected in the price of the products in the online store. The payment of the totality of the price must be carried out at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
Article 10: Method of payment
To pay for his order, the consumer has, at his option, all modes of payment listed in the order form. The customer guarantees the company BeautyBc that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The BeautyBc company reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non payment. The BeautyBc company reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered. The BeautyBc company has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the customer may be asked to send by fax or email to the company BeautyBc a copy of an identity card and a proof of address. The order will then be validated only after reception and verification by our services of the documents sent.
Article 11: Availability of products
The order will be generally carried out within 48 hours as from the day following that where the consumer placed his order. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of cancelling his order.
Article 12 : Delivery terms
Products are delivered to the address indicated by the consumer on the order form in metropolitan France and the rest of the world. It is the consumer's responsibility to check the condition of the packaging upon delivery, and to report any damage to the carrier on the delivery slip, as well as to BeautyBc, within one week. The consumer may, at his or her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. As far as shipping is concerned, items are sent by Lettre suivi, Colissimo suivi or Transporteur, depending on the weight, volume and value of the goods.
THE POST OFFICE
To reduce the transport costs as much as possible, all the products of weak or average size are sent by a service of the post office: Chronopost, Colissimo Suivi or Letter followed. In addition to being economical, this service delivers in 48 hours all over France and offers you the possibility to recover the ordered products at a relay point close to the delivery address in case of absence from the initial delivery place during the presentation of the factor. Concretely, if you are absent on the day of delivery, your letter carrier will leave a notice in your mailbox, which will allow you to withdraw your parcel at a relay point near your home during its opening hours, within 15 days. Chronopost Suivi, Colissimo suivie and Lettre suivie are very reliable services. However, it is possible, as in any expedition, that there may be a delay in delivery or that the product gets lost. In case of delay in delivery of more than 10 days from the date we have indicated in the mail of shipment, we ask you to report this delay by sending us an email. We will then contact the Post Office to start an investigation. A Post investigation can last up to 21 days from the date of the start of the investigation. If during this period, the product is found, it will be immediately redirected to your home (the majority of cases). If on the other hand the product is not found at the end of the 21 days investigation period, the Post Office considers the parcel as lost. It is only at this moment that we can send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. We decline any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products or strike.
Article 13 : Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products' ) must be imperatively indicated on the delivery order in the form of 'handwritten reserves', accompanied by the signature of the customer. The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit copy of this mail by fax or by simple mail to :
18 rue des Quatre Vents, 75006 Paris
Article 14 : Delivery errors
14-a: The consumer will have to formulate with the company BeautyBc the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any claim made after this deadline will be rejected.
14-b: The formulation of this claim to the company BeautyBc can be made: - primarily by email: firstname.lastname@example.org or by logging on our site in the section 'contact us' where, after entering your order number, you can ask us your question.
14-c: Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company BeautyBc of any responsibility with respect to the consumer.
14-d: upon receipt of the claim, the company BeautyBc will assign an exchange number of the product (s) concerned and communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
14-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company BeautyBc as a whole and in its original packaging, in Colissimo Recommandé, to the following address
MPO (for BeautyBc)
BtoC Returns Department
6228 BOULEVARD DE L'EUROPE
53700 VILLAINES LA JUHEL
To be accepted, any return must be reported in advance to the Customer Service of the company BeautyBc.
The shipping costs are borne by the company BeautyBc, except in the case where it would prove that the product does not correspond to the original statement made by the consumer in the return form.
Article 15 : Product warranty
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. The consumer is expressly informed that the company BeautyBc is not the producer of the products presented within the framework of the Web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in case of damage caused to a person or a good by a defect of the product, only the responsibility of the producer of this one could be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product. The conditions and duration of the producer's guarantee are indicated on the product sheets.
Article 16: Right of withdrawal
The consumer has a period of 14 days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance to BeautyBc's Customer Service Department: - first by e-mail to email@example.com, - by logging on to our website under the heading "Contact us". contact us" section of our website.. The product must be returned by Colissimo Recommandé to MPO pour BeautyBC, Service Retours BtoC, 6228 Boulevard de l'Europe - 53700 VILLAINES LA JUHEL.
Products such as hygiene products, beauty products or cosmetics must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Only complete and intact products returned in their original packaging and in perfect condition for resale will be accepted. Any product that has been damaged will not be refunded.
This right of withdrawal is exercised without penalty, except for the cost of return. In the hypothesis of the exercise of the right of retractation, the consumer asks for the refunding of the paid sums.
In case of exercise of the right of withdrawal, the company BeautyBc will make every effort to refund the consumer within 14 days.
The consumer will then be reimbursed by re-crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 17: Rights of use
The right to use the software of the BeautyBc company, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right to reproduce exclusively for the establishment of a backup copy, when it is necessary to preserve the use of the software. In any event, the author of the software retains a property right on his work, that the consumer undertakes to respect.
Article 18: Force majeure
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 19: Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 20: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 21: Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 22: Applicable Law
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form
Article 23: Data processing and freedom
All the data collected for the treatment of the orders were the subject of a declaration with the CNIL carrying the n° 1094041.
Article L. 138-4 of the Consumer Code on delivery and transfer of risk states:
"All risk of loss of or damage to the goods passes to the consumer at the time when the consumer or a third party designated by the consumer, other than the carrier proposed by the trader, takes physical possession of the goods.
BeautyBC is a SAS with a capital of 145.832,50 € whose head office is located at 18, rue des Quatre Vents - 75006 Paris, it is registered with the RCS of Nanterre under the number 789 089 893 - Cod APE 7022 Z -.