Terms and Conditions of Sale (T&Cs)
We’re here to answer all your questions
Preamble
These Terms and Conditions of Sale govern all sales concluded between:
- Labesse bio sl, registered in the Commercial Register under unique identification number B44615912 ("the Seller"), represented by Julien Brisart
- Any person ("the Buyer") placing an order on the website www.essentielnature-pro.eu ("the Site"). The Seller and the Buyer ("the Parties") agree that their relationship will be governed exclusively by these Terms and Conditions of Sale, as displayed on the Site at the time the order is placed.
Article 1 – Purpose
These Terms and Conditions of Sale ("the Conditions") set out the rights and obligations of each Party in connection with sales concluded between them on the Site.
The Conditions apply without restriction or reservation to all products offered on the Site (the "Products"), regardless of their nature, including all virtual products (such as online downloads, etc.).
Before placing an order, the Buyer declares that they have full legal capacity to enter into a valid agreement under these Conditions.
By ordering any Product, the Buyer fully accepts the Conditions, which they acknowledge having read before placing their order.
By accepting the Conditions, the Buyer acknowledges having been informed of the terms and conditions of the sale they intend to enter into with the Seller and confirms that they accept them without reservation.
Products are offered for sale in the geographical territories listed in Appendix 1 to these Conditions. However, sales deliverable to territories not listed in Appendix 1 may be possible subject to the Seller’s approval.
The Seller may amend these Conditions at any time. However, unless the Parties expressly agree otherwise, any such amendments will apply only to orders placed after the amended Conditions have been posted online.
Article 2 – Access to the Site
The Buyer is responsible, at their own expense and risk, for providing all technical means (computer and telecommunications equipment) necessary to access the Site.
In particular, the Buyer is responsible for all telecommunications costs (or any other costs) incurred in accessing the internet and the Site.
Article 3 – Formation of the Sale
3.1 Products
In accordance with Article L.111-1 of the French Consumer Code, before placing an order, the Buyer may review the essential characteristics of the Product(s) they wish to order on the Site.
For all Products, particularly cosmetic and/or health-related Products, the Buyer makes their choice based both on the essential characteristics of the Products and on their personal circumstances. In this regard, the Buyer acknowledges and confirms that they alone are responsible for determining whether the Products are suitable in light of any personal contraindications and whether they are compatible with any other products they use or treatments they are undergoing. The Buyer therefore orders Products entirely at their own risk and should seek professional advice if they do not consider themselves sufficiently informed.
Offers on the Site are valid only while stocks last.
3.2 Prices
Product prices are stated in euros and are those shown on the Site when the Buyer’s order is recorded (the "Prices").
Prices include the value added tax (VAT) applicable in Spain on the date the order is placed. Any change in the applicable VAT rate will automatically be reflected in the Prices and charged to the Buyer.
Any duties, taxes or levies payable as a result of the sale and/or delivery of the Products to the Buyer (including, in particular, customs duties or special VAT rates due to the country of delivery) will be recharged to the Buyer in full.
The Seller may change Prices at any time. However, unless the Parties expressly agree otherwise, revised Prices will apply only to orders placed after they are posted on the Site.
3.3 Products temporarily or permanently out of stock
Essentiel Nature Cosmétique reserves the right to cancel and issue a partial or full refund for an order if one or more Products are temporarily or permanently out of stock. In such cases, the Buyer will be notified as soon as possible. The Buyer may be offered a substitute Product or may refuse the substitution.
3.4 Order confirmation
In accordance with the French Civil Code provisions on forming contracts online, the sale will be concluded when you click the button to confirm your order after reviewing its details, particularly the total price, and having had the opportunity to correct any errors.
3.5 Sales records
Sales made on the Seller’s website, including data relating to the Buyer’s order and the Terms and Conditions of Sale in force when the order was placed, are archived for 10 years. You may request access to sales records concerning you by emailing essentielnature@hotmail.com
Article 4 – Orders
Every order is subject to the Buyer’s unrestricted and unconditional acceptance of these Terms and Conditions of Sale.
Every accepted and recorded order will be confirmed by the Seller by email.
The sale will not be considered final until the Seller has accepted the order and received payment of the full Price. If a sale includes an incorrect item due to a technical issue, the Seller reserves the right to cancel the sale, refund the order and resolve the technical issue.
Article 5 – Payment
5.1 Paying by BANK CARD via PAYPAL
Payment for Products by bank card is due when the order is placed; otherwise, the order will not be validated. Payment is made by bank card (Carte Bleue, MasterCard or Visa) through the Site’s secure payment area.
How to pay
Step 1: Click the " BUY WITH PAYPAL" button
Step 2: Click the " PAY BY CARD " button (Visa, MasterCard,...)
Step 3: Enter your payment details (country, card type, card number, expiry date, security code, cardholder’s first and last name)
5.2 Paying by PayPal
Products may be paid for using PayPal.
5.3 Paying in cash
Products may be paid for in cash, up to a maximum of €1,000.
5.4 Protecting your bank details
All confidential bank details provided by the Buyer to pay for Products are collected directly by the Seller’s payment provider through duly encrypted and secure links, ensuring optimal security. The Seller has no direct access to this data, which is also protected by banking secrecy.
5.4 Payment verification
In the event of fraudulent payment, particularly using stolen bank card numbers, Laboratoire Essentiel Nature Cosmétique reserves the right to provide law enforcement, for any necessary action, with all information relating to the fraudulently paid order, potentially enabling them to intervene when the order is delivered.
5.5 VAT 21%
VAT paid when an order is paid for cannot subsequently be reclaimed as a tax-free purchase. By validating the order at checkout, the Buyer accepts payment of the VAT shown when placing the order.
5.6 Failed payments
If the customer’s bank declines a payment (by bank card or other means), the customer must retry payment within a maximum of 7 calendar days. In some cases, Essentiel Nature may also decide to cancel the sale. In all cases, if the customer’s bank declines the payment, the customer may be charged late-payment interest calculated at a rate of 10% on the total amount, including VAT, of their order. Interest will accrue from the date the bank declines the payment. In addition, if Essentiel Nature Cosmétique initiates debt recovery proceedings against the customer, the customer will be responsible for all unpaid-payment fees charged by Essentiel Nature’s bank, bailiff fees if a bailiff is engaged, and legal costs.
Article 6 – Delivery
Delivery by UPS from Spain within 48 hours. You can contact us at any time at contact@essentielnature.com to request your order’s tracking number.
6.1 Delivery costs
Products will be delivered to the address provided by the Buyer during checkout. The price is calculated according to weight. We ship orders by UPS.
6.2 Delivery delays
In accordance with consumer protection law, if delivery is delayed, the Buyer may require the Seller to deliver within a reasonable time from the first day after the delivery deadline stated by the Seller. The Buyer may notify the Seller by email at contact@essentielnature.com or by post to C/ Les garroferes, 27, 46400 Cullera (Valencia). If this additional deadline is exceeded, the Buyer may notify the Seller of their decision to withdraw from the contract by a further email or letter.
Notice of termination must be given within sixty working days of the delivery deadline.
The contract will be terminated when the Seller receives the second email or letter, provided delivery has not taken place between the date it was sent and the date it was received.
Termination of the sale under this article requires the Seller to refund all sums paid by the Buyer within a maximum of fourteen days from the date the contract was terminated.
The Seller cannot be held liable if failure to perform, or improper performance of, the contract is attributable to the Buyer, a third party to the contract or force majeure.
For deliveries to countries other than France, customs clearance fees and taxes, in addition to any amounts paid to essentielnature.com, are payable entirely by the Buyer.
If a customer has made one or more errors when entering their delivery address and the parcel cannot be delivered as a result, the customer must pay the shipping costs again for the parcel to be resent.
Article 7 – Product availability
All orders are subject to the actual availability of the Products ordered, which the Buyer fully accepts.
The Seller will notify the Buyer as soon as possible if a Product they ordered is unavailable.
In accordance with Article L. of the Consumer Code, the Seller may in this case supply the Buyer with a Product of equivalent quality and price. If the Buyer exercises their right of withdrawal under Article 10 below, the Seller will pay the return costs for any such substitute Product.
If the Seller does not exercise this option, the Buyer will be refunded the sums initially paid no later than thirty (30) days after payment, without being entitled to any additional compensation of any kind.
Article 8 – Receipt of Products
The Seller informs the Buyer of the existence of the statutory legal guarantee of conformity for goods, provided for in Articles L. 211-1 et seq. of the Consumer Code.
Upon delivery of the Product(s), the Buyer must promptly and carefully check that the Products match the order and are in good condition (not damaged or defective).
If Products arrive damaged or are missing from the parcel, the Buyer must notify Labesse bio sl within 72 hours by sending a letter describing the incident to contact@essentielnature.com or by post to C/ Les garroferes, 27 , 46400 Cullera (Valencia). The Buyer must include the relevant order number and a detailed description of the damaged parcel or Product.
The Buyer must then follow this procedure:
- Send the non-conforming Product(s) by tracked mail with delivery confirmation to IDL, on behalf of Labesse bio sl, C/Les garroferes, 27, 46400 Culera (Valencia). If the Seller confirms that the Products do not conform, Labesse bio sl will pay the return costs.
- Include the invoice for the returned Product in the parcel or, in the case of a gift supplied without an invoice, the delivery note for that Product, together with the return form completed online in advance.
If the non-conformity or shortage is confirmed, the Seller may offer to send the Buyer replacement goods that conform to the order. If no conforming goods are available, the Buyer will receive a full refund for the order, including delivery costs.
To qualify for return, Products must be returned with their packaging, accessories and instructions.
Article 9 – Returns of defective Products (excluding Products damaged in transit)
Defective Products may be returned for exchange under the conditions set out below. To be accepted, a return must:
- Be made after contacting the customer service department of Laboratoire Essentiel Nature Cosmétique, which will give the Buyer a return address for the defective Product(s).
- Be sent by tracked mail with delivery confirmation to the address provided by Labesse bio sl customer service in connection with the contact described above, as soon as possible after the defect is discovered and, if the Buyer is a professional, no later than the [missing] day after delivery.
- Include the invoice for the returned Product or, in the case of a gift supplied without an invoice, the delivery note for that Product, together with the return form completed online in advance.
If the Seller’s technical team verifies and duly confirms the reported defect and the warranty applies, return costs will be covered in accordance with the law. If the Seller does not confirm the reported defect, or the warranty does not apply, the Buyer is responsible for the return costs.
To qualify for return, Products must be returned with their packaging, accessories and instructions.
If a returned Product cannot be repaired, the Seller undertakes to compensate the Buyer based on its original value, less depreciation calculated at 1% per month from the date of purchase.
Where applicable, the Seller will comply with its legal obligations regarding statutory warranties for hidden defects.
Article 10 – Right of withdrawal
10.1 Conditions for exercising the right of withdrawal
This Article 10 applies exclusively to Buyers deemed to be "consumers" within the meaning of the preliminary article of the Consumer Code, and does not apply to informed professionals.
Under Article L. of the Consumer Code, if a consumer withdraws from the contract, the professional must reimburse the delivery costs. The professional is not required to reimburse any additional costs if the consumer expressly chose a delivery method more expensive than the standard delivery method offered by the professional. In the case of partial withdrawal, only the value of the returned Products will be refunded.
If the consumer withdraws from the contract, they are responsible for the cost of returning the goods.
The Seller grants the Buyer-consumer 14 clear days from the date of receipt of the Product to notify the Seller of their wish to withdraw. The customer must exercise their right of withdrawal in writing via the contact form. Once the form has been approved, the Seller must confirm receipt of the withdrawal notice to the consumer by email.
For an order comprising multiple Products, the withdrawal period starts upon receipt of the last Product.
Within 14 days of notifying the Seller of their exercise of the right of withdrawal, the Buyer-consumer must return the Products to the Seller with all original items (packaging, accessories and instructions), accompanied by the purchase invoice and the return form completed online in advance. If the Product has been tested and/or opened, the right of withdrawal is void and any return of the Product(s) will automatically be refused for hygiene reasons.
The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning, provided the professional informed the consumer of their right of withdrawal in accordance with Article L., paragraph 2° I.
Incomplete, stained or damaged Products will not be refunded or exchanged. Return costs are the Buyer’s sole responsibility.
Once the consumer has exercised their right of withdrawal, the Seller has 14 days to refund them.
However, the Seller may withhold the refund until the goods have been recovered or the Buyer has provided proof that they have been sent back.
Refunds will be made either to the bank card used for the original order, by bank cheque or by voucher, if the Buyer-consumer requests this. No additional fees will be charged to the consumer for the refund.
Subject to compliance with the above conditions, returned Products must be sent by tracked mail with delivery confirmation to the following address: C/ Les garroferes, 27, 46400 Cullera (Valencia), accompanied by the invoice and duly completed return form.
10.2 Returns that do not meet the conditions for the right of withdrawal
If any of the conditions for the right of withdrawal set out in section 10.1 are not met (for example, the Product is incomplete, damaged or broken, instructions or accessories are missing, or the return deadline has not been met), the Product will not be exchanged or refunded. Labesse bio sl may return the Product to the customer, who must pay the shipping costs. The Labesse bio sl customer service team will tell the customer the amount due. If the customer refuses to pay the shipping costs required to return the Product, or fails to pay them, then after two months from the customer service team’s first notice of the return shipping costs, the customer may retrieve the Product only after paying those costs.
Article 11 – Retention of title
Products are sold subject to retention of title.
Accordingly, the Seller retains ownership of the Products until the Price, together with any applicable fees, taxes and other duties (including customs duties), has been paid in full and received.
The first paragraph does not prevent the risks relating to the Products from passing to the Buyer on the date of delivery.
Until the Price and any associated charges have been paid in full, the Buyer undertakes not to alter, resell or pledge the Products. Otherwise, the Seller may reclaim them immediately, with the Buyer solely responsible for the costs and risks of returning the Products sold.
Article 12 – Liability
The Seller cannot be held liable for failure to perform the sale in the event of force majeure or disruption or an undeclared "wildcat" strike, even partial, affecting distribution services, particularly postal services and/or means of transport or communication. The Seller will under no circumstances be liable for indirect damages arising from the purchase and/or use of the Products. A total or partial inability to use the Products, particularly due to hardware incompatibility, will not make the Seller liable or entitle the Buyer to compensation or a refund.
Seller’s liability for performance of the contract and risks during transport:
For e-commerce deliveries, the Seller bears the risk until the Product is handed over to the consumer.
Article 13 – Invalidity of a clause
If one or more provisions of these Conditions are held to be invalid or declared invalid under any law or regulation, or following a final decision by a court of competent jurisdiction, this will not affect the validity, enforceability or scope of the remaining provisions of these Terms and Conditions of Sale.
Article 14 – No waiver
A Party’s failure to rely on the other Party’s breach of any of the obligations set out herein will not constitute a permanent waiver of the obligation in question by the non-breaching Party.
Article 15 – Governing law
Sales contracts concluded on the Site under these Conditions are governed exclusively by Spanish law.
Any dispute concerning the conclusion, interpretation, performance or termination of a sale between the Parties, and more generally any dispute arising in connection with such a sale, shall fall within the exclusive jurisdiction of any court competent under law to hear the dispute. However, if the Buyer is a professional, any dispute arising in connection with such a sale shall fall within the jurisdiction of the courts of Valencia.
Article 16 – Cookies
Information about our use of cookies
A cookie is a small file containing a short sequence of letters and numbers, stored in your internet browser or on your computer’s hard drive.
Like most websites, Laboratoire Essentiel Nature Cosmétique uses cookies to recognise you and distinguish you from other users, helping to improve your browsing and shopping experience (automatic login to your account, displaying your ecomiles balance, etc.). Cookies also help us improve our Site by allowing us to analyse anonymous statistics on how it is used. By visiting our Site with your browser configured to allow cookies, you agree to our use of cookies.
Article 19 – Data processing
19a – GDPR
The General Data Protection Regulation (GDPR) represents a significant update to European data protection laws. It came into force in all European Union Member States in May 2018.
The GDPR aims to counterbalance spectacular advances in technology, particularly the internet, which over time have enabled merchants, advertisers and other organisations to collect increasing amounts of personal data and use it on a large scale, often without the people concerned being aware of this and/or being able to request that the use of their data be stopped.
19b – Mandatory data breach notifications
The Regulation requires any data leak (or personal data breach) to be reported within 72 hours. Labesse bio sl undertakes to comply with all requests to delete personal data.
19c – Data collected only for specified, explicit and legitimate purposes
Your data is collected exclusively for the website www.essentielnature-pro.eu and will never be resold, exchanged or used in any way to which you have not consented. Only data that is strictly necessary is collected and processed.
Article 18 – Customer service
Labesse bio sl offers three ways to contact us for information:
By phone :
+33688406283 (France)
+34633088345 (Spain)
By email : contact@essentielnature.com
By post:
Labesse bio sl
C/Les Garroferes N°27, 46400 Cullera (Valencia)
Article 18 – Please read before purchasing
WARNING
The website WWW.ESSENTIELNATURE-PRO.EU must not be used to provide medical advice or make a diagnosis, and it does not contain any medical prescriptions. The advice found on WWW.ESSENTIELNATURE-PRO.EU cannot and must not replace a consultation with a qualified healthcare professional or the reading of recognised medical reference works. Only a healthcare professional can provide medical advice, whatever your condition, after examining you and ensuring that you receive conscientious, dedicated care based on current scientific evidence, with help from other competent professionals where necessary.
I am a sales advisor for COSMETIC products, but I am not a healthcare professional (doctor or pharmacist).
The medical information provided on WWW.ESSENTIELNATURE-PRO.EU is, at best, general in nature and cannot replace the advice of a legally qualified healthcare professional, such as a doctor or pharmacist, …..
These Terms and Conditions of Sale govern all sales concluded between:
- Labesse bio sl, registered in the Commercial Register under unique identification number B44615912 ("the Seller"), represented by Julien Brisart
- Any person ("the Buyer") placing an order on the website www.essentielnature-pro.eu ("the Site"). The Seller and the Buyer ("the Parties") agree that their relationship will be governed exclusively by these Terms and Conditions of Sale, as displayed on the Site at the time the order is placed.
Article 1 – Purpose
These Terms and Conditions of Sale ("the Conditions") set out the rights and obligations of each Party in connection with sales concluded between them on the Site.
The Conditions apply without restriction or reservation to all products offered on the Site (the "Products"), regardless of their nature, including all virtual products (such as online downloads, etc.).
Before placing an order, the Buyer declares that they have full legal capacity to enter into a valid agreement under these Conditions.
By ordering any Product, the Buyer fully accepts the Conditions, which they acknowledge having read before placing their order.
By accepting the Conditions, the Buyer acknowledges having been informed of the terms and conditions of the sale they intend to enter into with the Seller and confirms that they accept them without reservation.
Products are offered for sale in the geographical territories listed in Appendix 1 to these Conditions. However, sales deliverable to territories not listed in Appendix 1 may be possible subject to the Seller’s approval.
The Seller may amend these Conditions at any time. However, unless the Parties expressly agree otherwise, any such amendments will apply only to orders placed after the amended Conditions have been posted online.
Article 2 – Access to the Site
The Buyer is responsible, at their own expense and risk, for providing all technical means (computer and telecommunications equipment) necessary to access the Site.
In particular, the Buyer is responsible for all telecommunications costs (or any other costs) incurred in accessing the internet and the Site.
Article 3 – Formation of the Sale
3.1 Products
In accordance with Article L.111-1 of the French Consumer Code, before placing an order, the Buyer may review the essential characteristics of the Product(s) they wish to order on the Site.
For all Products, particularly cosmetic and/or health-related Products, the Buyer makes their choice based both on the essential characteristics of the Products and on their personal circumstances. In this regard, the Buyer acknowledges and confirms that they alone are responsible for determining whether the Products are suitable in light of any personal contraindications and whether they are compatible with any other products they use or treatments they are undergoing. The Buyer therefore orders Products entirely at their own risk and should seek professional advice if they do not consider themselves sufficiently informed.
Offers on the Site are valid only while stocks last.
3.2 Prices
Product prices are stated in euros and are those shown on the Site when the Buyer’s order is recorded (the "Prices").
Prices include the value added tax (VAT) applicable in Spain on the date the order is placed. Any change in the applicable VAT rate will automatically be reflected in the Prices and charged to the Buyer.
Any duties, taxes or levies payable as a result of the sale and/or delivery of the Products to the Buyer (including, in particular, customs duties or special VAT rates due to the country of delivery) will be recharged to the Buyer in full.
The Seller may change Prices at any time. However, unless the Parties expressly agree otherwise, revised Prices will apply only to orders placed after they are posted on the Site.
3.3 Products temporarily or permanently out of stock
Essentiel Nature Cosmétique reserves the right to cancel and issue a partial or full refund for an order if one or more Products are temporarily or permanently out of stock. In such cases, the Buyer will be notified as soon as possible. The Buyer may be offered a substitute Product or may refuse the substitution.
3.4 Order confirmation
In accordance with the French Civil Code provisions on forming contracts online, the sale will be concluded when you click the button to confirm your order after reviewing its details, particularly the total price, and having had the opportunity to correct any errors.
3.5 Sales records
Sales made on the Seller’s website, including data relating to the Buyer’s order and the Terms and Conditions of Sale in force when the order was placed, are archived for 10 years. You may request access to sales records concerning you by emailing essentielnature@hotmail.com
Article 4 – Orders
Every order is subject to the Buyer’s unrestricted and unconditional acceptance of these Terms and Conditions of Sale.
Every accepted and recorded order will be confirmed by the Seller by email.
The sale will not be considered final until the Seller has accepted the order and received payment of the full Price. If a sale includes an incorrect item due to a technical issue, the Seller reserves the right to cancel the sale, refund the order and resolve the technical issue.
Article 5 – Payment
5.1 Paying by BANK CARD via PAYPAL
Payment for Products by bank card is due when the order is placed; otherwise, the order will not be validated. Payment is made by bank card (Carte Bleue, MasterCard or Visa) through the Site’s secure payment area.
How to pay
Step 1: Click the " BUY WITH PAYPAL" button
Step 2: Click the " PAY BY CARD " button (Visa, MasterCard,...)
Step 3: Enter your payment details (country, card type, card number, expiry date, security code, cardholder’s first and last name)
5.2 Paying by PayPal
Products may be paid for using PayPal.
5.3 Paying in cash
Products may be paid for in cash, up to a maximum of €1,000.
5.4 Protecting your bank details
All confidential bank details provided by the Buyer to pay for Products are collected directly by the Seller’s payment provider through duly encrypted and secure links, ensuring optimal security. The Seller has no direct access to this data, which is also protected by banking secrecy.
5.4 Payment verification
In the event of fraudulent payment, particularly using stolen bank card numbers, Laboratoire Essentiel Nature Cosmétique reserves the right to provide law enforcement, for any necessary action, with all information relating to the fraudulently paid order, potentially enabling them to intervene when the order is delivered.
5.5 VAT 21%
VAT paid when an order is paid for cannot subsequently be reclaimed as a tax-free purchase. By validating the order at checkout, the Buyer accepts payment of the VAT shown when placing the order.
5.6 Failed payments
If the customer’s bank declines a payment (by bank card or other means), the customer must retry payment within a maximum of 7 calendar days. In some cases, Essentiel Nature may also decide to cancel the sale. In all cases, if the customer’s bank declines the payment, the customer may be charged late-payment interest calculated at a rate of 10% on the total amount, including VAT, of their order. Interest will accrue from the date the bank declines the payment. In addition, if Essentiel Nature Cosmétique initiates debt recovery proceedings against the customer, the customer will be responsible for all unpaid-payment fees charged by Essentiel Nature’s bank, bailiff fees if a bailiff is engaged, and legal costs.
Article 6 – Delivery
Delivery by UPS from Spain within 48 hours. You can contact us at any time at contact@essentielnature.com to request your order’s tracking number.
6.1 Delivery costs
Products will be delivered to the address provided by the Buyer during checkout. The price is calculated according to weight. We ship orders by UPS.
6.2 Delivery delays
In accordance with consumer protection law, if delivery is delayed, the Buyer may require the Seller to deliver within a reasonable time from the first day after the delivery deadline stated by the Seller. The Buyer may notify the Seller by email at contact@essentielnature.com or by post to C/ Les garroferes, 27, 46400 Cullera (Valencia). If this additional deadline is exceeded, the Buyer may notify the Seller of their decision to withdraw from the contract by a further email or letter.
Notice of termination must be given within sixty working days of the delivery deadline.
The contract will be terminated when the Seller receives the second email or letter, provided delivery has not taken place between the date it was sent and the date it was received.
Termination of the sale under this article requires the Seller to refund all sums paid by the Buyer within a maximum of fourteen days from the date the contract was terminated.
The Seller cannot be held liable if failure to perform, or improper performance of, the contract is attributable to the Buyer, a third party to the contract or force majeure.
For deliveries to countries other than France, customs clearance fees and taxes, in addition to any amounts paid to essentielnature.com, are payable entirely by the Buyer.
If a customer has made one or more errors when entering their delivery address and the parcel cannot be delivered as a result, the customer must pay the shipping costs again for the parcel to be resent.
Article 7 – Product availability
All orders are subject to the actual availability of the Products ordered, which the Buyer fully accepts.
The Seller will notify the Buyer as soon as possible if a Product they ordered is unavailable.
In accordance with Article L. of the Consumer Code, the Seller may in this case supply the Buyer with a Product of equivalent quality and price. If the Buyer exercises their right of withdrawal under Article 10 below, the Seller will pay the return costs for any such substitute Product.
If the Seller does not exercise this option, the Buyer will be refunded the sums initially paid no later than thirty (30) days after payment, without being entitled to any additional compensation of any kind.
Article 8 – Receipt of Products
The Seller informs the Buyer of the existence of the statutory legal guarantee of conformity for goods, provided for in Articles L. 211-1 et seq. of the Consumer Code.
Upon delivery of the Product(s), the Buyer must promptly and carefully check that the Products match the order and are in good condition (not damaged or defective).
If Products arrive damaged or are missing from the parcel, the Buyer must notify Labesse bio sl within 72 hours by sending a letter describing the incident to contact@essentielnature.com or by post to C/ Les garroferes, 27 , 46400 Cullera (Valencia). The Buyer must include the relevant order number and a detailed description of the damaged parcel or Product.
The Buyer must then follow this procedure:
- Send the non-conforming Product(s) by tracked mail with delivery confirmation to IDL, on behalf of Labesse bio sl, C/Les garroferes, 27, 46400 Culera (Valencia). If the Seller confirms that the Products do not conform, Labesse bio sl will pay the return costs.
- Include the invoice for the returned Product in the parcel or, in the case of a gift supplied without an invoice, the delivery note for that Product, together with the return form completed online in advance.
If the non-conformity or shortage is confirmed, the Seller may offer to send the Buyer replacement goods that conform to the order. If no conforming goods are available, the Buyer will receive a full refund for the order, including delivery costs.
To qualify for return, Products must be returned with their packaging, accessories and instructions.
Article 9 – Returns of defective Products (excluding Products damaged in transit)
Defective Products may be returned for exchange under the conditions set out below. To be accepted, a return must:
- Be made after contacting the customer service department of Laboratoire Essentiel Nature Cosmétique, which will give the Buyer a return address for the defective Product(s).
- Be sent by tracked mail with delivery confirmation to the address provided by Labesse bio sl customer service in connection with the contact described above, as soon as possible after the defect is discovered and, if the Buyer is a professional, no later than the [missing] day after delivery.
- Include the invoice for the returned Product or, in the case of a gift supplied without an invoice, the delivery note for that Product, together with the return form completed online in advance.
If the Seller’s technical team verifies and duly confirms the reported defect and the warranty applies, return costs will be covered in accordance with the law. If the Seller does not confirm the reported defect, or the warranty does not apply, the Buyer is responsible for the return costs.
To qualify for return, Products must be returned with their packaging, accessories and instructions.
If a returned Product cannot be repaired, the Seller undertakes to compensate the Buyer based on its original value, less depreciation calculated at 1% per month from the date of purchase.
Where applicable, the Seller will comply with its legal obligations regarding statutory warranties for hidden defects.
Article 10 – Right of withdrawal
10.1 Conditions for exercising the right of withdrawal
This Article 10 applies exclusively to Buyers deemed to be "consumers" within the meaning of the preliminary article of the Consumer Code, and does not apply to informed professionals.
Under Article L. of the Consumer Code, if a consumer withdraws from the contract, the professional must reimburse the delivery costs. The professional is not required to reimburse any additional costs if the consumer expressly chose a delivery method more expensive than the standard delivery method offered by the professional. In the case of partial withdrawal, only the value of the returned Products will be refunded.
If the consumer withdraws from the contract, they are responsible for the cost of returning the goods.
The Seller grants the Buyer-consumer 14 clear days from the date of receipt of the Product to notify the Seller of their wish to withdraw. The customer must exercise their right of withdrawal in writing via the contact form. Once the form has been approved, the Seller must confirm receipt of the withdrawal notice to the consumer by email.
For an order comprising multiple Products, the withdrawal period starts upon receipt of the last Product.
Within 14 days of notifying the Seller of their exercise of the right of withdrawal, the Buyer-consumer must return the Products to the Seller with all original items (packaging, accessories and instructions), accompanied by the purchase invoice and the return form completed online in advance. If the Product has been tested and/or opened, the right of withdrawal is void and any return of the Product(s) will automatically be refused for hygiene reasons.
The consumer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning, provided the professional informed the consumer of their right of withdrawal in accordance with Article L., paragraph 2° I.
Incomplete, stained or damaged Products will not be refunded or exchanged. Return costs are the Buyer’s sole responsibility.
Once the consumer has exercised their right of withdrawal, the Seller has 14 days to refund them.
However, the Seller may withhold the refund until the goods have been recovered or the Buyer has provided proof that they have been sent back.
Refunds will be made either to the bank card used for the original order, by bank cheque or by voucher, if the Buyer-consumer requests this. No additional fees will be charged to the consumer for the refund.
Subject to compliance with the above conditions, returned Products must be sent by tracked mail with delivery confirmation to the following address: C/ Les garroferes, 27, 46400 Cullera (Valencia), accompanied by the invoice and duly completed return form.
10.2 Returns that do not meet the conditions for the right of withdrawal
If any of the conditions for the right of withdrawal set out in section 10.1 are not met (for example, the Product is incomplete, damaged or broken, instructions or accessories are missing, or the return deadline has not been met), the Product will not be exchanged or refunded. Labesse bio sl may return the Product to the customer, who must pay the shipping costs. The Labesse bio sl customer service team will tell the customer the amount due. If the customer refuses to pay the shipping costs required to return the Product, or fails to pay them, then after two months from the customer service team’s first notice of the return shipping costs, the customer may retrieve the Product only after paying those costs.
Article 11 – Retention of title
Products are sold subject to retention of title.
Accordingly, the Seller retains ownership of the Products until the Price, together with any applicable fees, taxes and other duties (including customs duties), has been paid in full and received.
The first paragraph does not prevent the risks relating to the Products from passing to the Buyer on the date of delivery.
Until the Price and any associated charges have been paid in full, the Buyer undertakes not to alter, resell or pledge the Products. Otherwise, the Seller may reclaim them immediately, with the Buyer solely responsible for the costs and risks of returning the Products sold.
Article 12 – Liability
The Seller cannot be held liable for failure to perform the sale in the event of force majeure or disruption or an undeclared "wildcat" strike, even partial, affecting distribution services, particularly postal services and/or means of transport or communication. The Seller will under no circumstances be liable for indirect damages arising from the purchase and/or use of the Products. A total or partial inability to use the Products, particularly due to hardware incompatibility, will not make the Seller liable or entitle the Buyer to compensation or a refund.
Seller’s liability for performance of the contract and risks during transport:
For e-commerce deliveries, the Seller bears the risk until the Product is handed over to the consumer.
Article 13 – Invalidity of a clause
If one or more provisions of these Conditions are held to be invalid or declared invalid under any law or regulation, or following a final decision by a court of competent jurisdiction, this will not affect the validity, enforceability or scope of the remaining provisions of these Terms and Conditions of Sale.
Article 14 – No waiver
A Party’s failure to rely on the other Party’s breach of any of the obligations set out herein will not constitute a permanent waiver of the obligation in question by the non-breaching Party.
Article 15 – Governing law
Sales contracts concluded on the Site under these Conditions are governed exclusively by Spanish law.
Any dispute concerning the conclusion, interpretation, performance or termination of a sale between the Parties, and more generally any dispute arising in connection with such a sale, shall fall within the exclusive jurisdiction of any court competent under law to hear the dispute. However, if the Buyer is a professional, any dispute arising in connection with such a sale shall fall within the jurisdiction of the courts of Valencia.
Article 16 – Cookies
Information about our use of cookies
A cookie is a small file containing a short sequence of letters and numbers, stored in your internet browser or on your computer’s hard drive.
Like most websites, Laboratoire Essentiel Nature Cosmétique uses cookies to recognise you and distinguish you from other users, helping to improve your browsing and shopping experience (automatic login to your account, displaying your ecomiles balance, etc.). Cookies also help us improve our Site by allowing us to analyse anonymous statistics on how it is used. By visiting our Site with your browser configured to allow cookies, you agree to our use of cookies.
Article 19 – Data processing
19a – GDPR
The General Data Protection Regulation (GDPR) represents a significant update to European data protection laws. It came into force in all European Union Member States in May 2018.
The GDPR aims to counterbalance spectacular advances in technology, particularly the internet, which over time have enabled merchants, advertisers and other organisations to collect increasing amounts of personal data and use it on a large scale, often without the people concerned being aware of this and/or being able to request that the use of their data be stopped.
19b – Mandatory data breach notifications
The Regulation requires any data leak (or personal data breach) to be reported within 72 hours. Labesse bio sl undertakes to comply with all requests to delete personal data.
19c – Data collected only for specified, explicit and legitimate purposes
Your data is collected exclusively for the website www.essentielnature-pro.eu and will never be resold, exchanged or used in any way to which you have not consented. Only data that is strictly necessary is collected and processed.
Article 18 – Customer service
Labesse bio sl offers three ways to contact us for information:
By phone :
+33688406283 (France)
+34633088345 (Spain)
By email : contact@essentielnature.com
By post:
Labesse bio sl
C/Les Garroferes N°27, 46400 Cullera (Valencia)
Article 18 – Please read before purchasing
WARNING
The website WWW.ESSENTIELNATURE-PRO.EU must not be used to provide medical advice or make a diagnosis, and it does not contain any medical prescriptions. The advice found on WWW.ESSENTIELNATURE-PRO.EU cannot and must not replace a consultation with a qualified healthcare professional or the reading of recognised medical reference works. Only a healthcare professional can provide medical advice, whatever your condition, after examining you and ensuring that you receive conscientious, dedicated care based on current scientific evidence, with help from other competent professionals where necessary.
I am a sales advisor for COSMETIC products, but I am not a healthcare professional (doctor or pharmacist).
The medical information provided on WWW.ESSENTIELNATURE-PRO.EU is, at best, general in nature and cannot replace the advice of a legally qualified healthcare professional, such as a doctor or pharmacist, …..