General sales conditions (GTC)
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Preamble These general conditions of sale govern all sales concluded between: - Laboratoire Essentiel Nature Cométique, registered in the Trade Register under the unique identification number ESY + 34 633 088 345A ("the seller") represented by Sabine Refeyton - 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 general conditions of sale as visible on the Site at the time of the order. Article 1 - Purpose The purpose of these general conditions of sale ("the conditions") is to define the rights and obligations of each of the Parties within the framework of sales concluded between them on the Site. The Conditions apply without restriction or reservation to all the products offered on the Site (the "Products"), whatever the nature of these Products, including all virtual products (such as online downloads, etc. ). The Buyer declares prior to his order to have full legal capacity allowing him to validly engage under these Conditions. The fact that the Buyer orders one of the Products implies full acceptance of the Conditions, which he acknowledges having read prior to ordering. By accepting the conditions, the Buyer acknowledges being informed of the terms and conditions of the sale that he intends to conclude with the Seller and confirms that he accepts them without reservation. The Products are offered for sale in the geographical territories appearing in Annex 1 hereto. However, deliverable sales in territories not appearing in Annex 1 are possible subject to the Seller's acceptance. The Seller may freely modify these conditions at any time. However, such modifications will only apply, unless expressly agreed between the Parties, to orders registered after the modified Conditions have been posted online. Article 2 - Access to the Site The Purchaser will do his own business, under his own responsibility, for the implementation of all the technical means (IT and telecommunication) suitable for enabling him to access the Site. The Purchaser shall in particular retain the responsibility for all telecommunications costs (or any other nature) incurred by his access to the Internet and to the Site. Article 3 - Formation of the Sale 3.1 The Products In accordance with article L.111-1 of the Consumer Code, the Purchaser may, prior to his order, take note on the Site of the essential characteristics of the Product (s) that he wishes to order. For all the Products, and in particular for cosmetic and / or health-related Products, the Purchaser determines his choice both in view of the essential characteristics of the Products, and in view of the specificities which are personal to him. In this regard, the Purchaser acknowledges and confirms that he is the sole judge of the relevance of the Products in the light of any contraindications which may be personal to him, as well as of their compatibility with any other products that he would use or treatment of which he would use. object, so that the choice of Products ordered is made under his sole responsibility, it is the sole responsibility of the Purchaser to be assisted by advice if he does not consider himself sufficiently informed. The offers offered by the Site are valid within the exclusive limit of available stocks. 3.2 Prices The selling prices of the Products, denominated in Euros, are those appearing on the Site at the time of registration of his order by the Purchaser (the "Prices"). The Prices include the value added tax (VAT) applicable in Spain on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the Prices and re-invoiced to the Buyer. All duties, taxes or duties made payable by the sale and / or delivery of the Products to the Buyer (in particular any customs duties or specific VAT rates due to the country of delivery) will be fully billed to the Buyer. The Prices can be modified by the Seller at any time. However, unless expressly agreed between the Parties, the modified prices will only apply to orders placed after they have been posted on the Site. 3.3 Product temporarily or permanently out of stock Essentiel Nature Cosmétique reserves the right to cancel and partially or fully refund an order for which one or more products are temporarily or permanently out of stock. In such a case, the Buyer will be informed as soon as possible. The Purchaser may possibly be offered a product as a replacement or refuse this replacement. 3.4 Confirmation of the order In accordance with the provisions of the Civil Code on the formation of online contracts, the sale will be concluded when you click on the button allowing you to confirm your order after viewing the details of it and in particular its total price and have had the opportunity to correct any errors. 3.5 Archiving of sales Sales made on the Seller's website, and in particular the data relating to the order made by the Buyer as well as the GTCs in force at the time of the order, are archived for a period of 10 years. You can access the archived sales concerning you by making a request by e-mail addressed to essentialnature@hotmail.com Article 4 - Order Any order assumes the Buyer's acceptance without restriction or reservation of these General Conditions of Sale. Any order accepted and recorded will give rise to confirmation from the Seller by email. The sale will only be considered final after acceptance of the order by the Seller and receipt by the latter of the full Price. In the event of a sale comprising an incorrect element linked to a technical problem, the Seller reserves the right to cancel the sale, to refund the order and to proceed to the resolution of the technical problem. Article 5 - Payment 5.1 Methods of payment by BANK CARD via PAYPAL Payment for Products by bank card is made when ordering, under penalty of non-validation of the latter. This payment is made by credit card (Carte Bleue, MasterCard or Visa) on the secure area of the Site. How to proceed ? Step n ° 1: Click on the "BUY WITH PAYPAL" button Step n ° 2: Click on the "PAY BY CARD" button (Visa, MasterCard, ...) Step n ° 3: Enter your payment information (Country, type of card, card number, expiration date, crypto, name and first name of the card holder) 5.2 Terms of payment by Paypal Payment for Products can be done through the Paypal service. 5.3 Methods of payment in cash Payment for products can be made in cash for a maximum amount of € 1,000 5.4 Securing bank data All confidential bank data communicated by the Purchaser for the purposes of paying for the Products is collected directly by the partner the Seller's financial resources through duly encrypted and secure links to guarantee optimal security. The Seller has no direct access to this data, which is also covered by banking secrecy. 5.4 Payment verification In the event of payment made fraudulently, in particular through stolen bank card numbers, Laboratoire Essentiel Nature Cosmétique reserves the right to transmit to the police, for all purposes, all information relating to the order paid fraudulently, possibly allowing an intervention of the police during the delivery of the order. 5.5 VAT 21% The payment of VAT at the time of payment of the order cannot be the subject of a subsequent refund request for tax refund. The validation of the order at the time of payment constitutes acceptance of the payment of VAT indicated at the time of ordering. 5.6 Unpaid debts In the event that the payment made by the customer is refused by his banking establishment (rejection of payment by bank card or others), the customer is obliged to renew his payment within a maximum period of 7 calendar days. Essentiel Nature can also, in certain cases, decide to cancel the sale. In all cases, in the event of refusal of payment by the customer's bank, the customer is liable to late penalties of one. amount calculated on the basis of an interest rate of 10% applied to the total amount including VAT of the order, the interest being calculated from the date of rejection of payment by the banking establishment. recovery procedure against the customer and decided by Essentiel Nature Cosmétique, the customer will bear all the unpaid costs invoiced by the banking establishment of Essentiel Nature, the costs of bailiffs in the event of a call to a bailiff , 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 receive the tracking number of your order 6.1 Delivery costs Products will be delivered to the delivery address indicated by the Buyer during the ordering process and the price is calculated according to the weight. We ship your orders by UPS 6.2 Late delivery In accordance with consumer law, in the event of late delivery, the Buyer may order the Seller to deliver within a reasonable timeframe from the first day of delay compared to the date delivery limit announced by the Seller, who may notify this by e-mail to contact@essentielnature.com or by post to C / Les garroferes, 27, 46400 Cullera (Valencia). If this period is exceeded, the Buyer may, with a new e-mail or post, notify the Seller of its decision to withdraw from the contract.The termination of the contract must take place within sixty working days from the deadline for delivery. The contract will be terminated on the day of receipt of the second e-mail or postal mail by the Seller if delivery has not taken place between the sending and receipt of the letter. The termination of the sale, under the terms referred to in this article, obliges the Seller to reimburse the Buyer for all the sums paid, within a maximum period of fourteen days following the date on which the termination of the contract took effect. The Seller's liability cannot be sought if the non-performance or poor performance of the contract is attributable to the Buyer, to a third party to the contract or to a case of force majeure. In the event of delivery to a country other than France, customs clearance costs and taxes in addition to the sums paid to essentialnature.com are entirely the responsibility of the buyer. When a customer has made one or more errors in the indication of his delivery address and the package could not be delivered for this reason, the customer must repay the shipping costs for the package to be sent back to him. new. Article 7 - Availability of Products Any order will remain subject to the actual availability of the Products ordered, which the Purchaser hereby declares to fully accept. The Seller will inform the Buyer as soon as possible of any unavailability of an ordered Product. In accordance with the provisions of Article L. + 34 633 088 345 of the Consumer Code, the Seller may in this case provide a Product of equivalent quality and price to the Buyer. The return costs relating to such a replacement product, in the event that the Purchaser implements his right of withdrawal provided for in article 10 below, will remain the responsibility of the Seller. If the Seller does not use this option, the Buyer will be reimbursed no later than thirty (30) days from the payment of the sums he has initially paid, without being eligible for any additional compensation of any kind. Article 8 - Reception The Seller informs the Buyer of the existence of the legal guarantee of conformity for the goods, provided for in Articles L 211-1 et seq. Of the Consumer Code. Upon delivery of the Product (s), the Purchaser will carefully and immediately check the compliance of the Products with the order and their general condition (damaged or defective products). In the event of products arriving damaged or missing in the package, the Purchaser must imperatively inform Essentiel Nature within 72 hours by sending a letter describing the observed incident to contact@essentielnature.com or by post to C / Les garroferes, 27, 46400 Cullera (Valencia), indicating the order number concerned and in Attaching a precise description of the damaged package or product.The Buyer must then comply with the following procedure: - Return by registered package with acknowledgment of receipt the product (s) that do not comply with IDL, on behalf of Laboratoire Essentiel Nature Cosmétique, C / Les garroferes, 27, 46400 Culera (Valencia). In the event of non-conformity established and recognized by the Seller, the cost of returning non-conforming products will be borne by Essentiel Nature Cosmétique. - Return the invoice for the returned Product in the package, or in the case of a gift delivered without an invoice, the delivery slip for said Product, as well as the return form that he will have previously completed online. If the non-conformity or shortage is indeed established, the Seller may offer the Buyer a new shipment of conforming goods this time. If no conforming goods are available, the Purchaser will be refunded the full amount of his order, including delivery costs. In order to be accepted in return, the Products must imperatively be returned with their packaging, accessories and instructions. Article 9 - Returns of defective products (excluding products damaged during transport) All defective products may be returned for exchange under the conditions described below. To be admissible, the return must: - Take place after having contacted the after-sales service of Laboratoire Essentiel Nature Cosmétique which will have indicated to the Buyer a return address for the defective product (s) concerned. - Intervene by registered parcel with acknowledgment of receipt sent to the address indicated by the after-sales service of Laboratoire Essentiel Nature Cosmétique as part of the contact described above, as soon as possible, once the defaul has been noted and if the Buyer is a professional no later than the th day following the delivery date. - Be accompanied by the invoice for the returned Product or in the case of a gift delivered without an invoice, the delivery note for the said product as well as the return form that he will have previously completed online. If the defect that is the subject of the complaint is duly approved by the Seller after verification by its technical services and if the warranty applies, the return costs will be covered in accordance with the law. The subject of the claim is not approved by the Seller, or if the warranty does not apply, the return costs are the responsibility of the Buyer. In order to be accepted in return, the Products must imperatively be returned with their packaging, accessories and instructions. In the event of the return of an irreparable product, the Seller undertakes to compensate the Buyer on the basis of the initial value less an obsolescence determined at the rate of 1% per month from the date of purchase. Where applicable, the Seller will comply with its legal obligations in terms of legal guarantees on hidden defects. Article 10 - Right of withdrawal 10.1 Conditions of the right of withdrawal This article 10 exclusively benefits Buyers deemed to be "consumers", within the meaning of the preliminary article of the Consumer Code - to the exclusion, correlatively, of any professional warned. According to article L +34 633 088 345 of the Consumer Code, in the event of the consumer's withdrawal, the trader must reimburse him for the shipping costs. The trader is not required to reimburse the additional costs if the the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional. In the event of a partial withdrawal, only the value of the returned products will be reimbursed. In case of withdrawal, the consumer bears the costs of returning the goods. The Seller grants the Buyer-consumer a period of 14 clear days from the date of receipt of the Product, to inform the Seller of his wish to withdraw. The Customer must exercise his right to withdraw. The customer must exercise his right of withdrawal in writing via the contact form. After validation of the form, the Seller must confirm to the consumer the receipt of his withdrawal by e-mail. In the event of an order for several products, the withdrawal period will run from receipt of the last product. Within 14 days following the transmission of the information by the Buyer-consumer to the Seller of the exercise of his right of withdrawal, the Products must be returned to the Seller with all the original elements (packaging, accessories, instructions attached), and accompanied by the invoice corresponding to the purchase, as well as the return form that he will have previously completed online. If the product has been tested and / or opened, the right of withdrawal is canceled and any return of one or more products will be automatically refused for reasons of hygiene. The responsibility of the consumer can be engaged only in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of these goods, provided that the professional has informed the consumer of his right. withdrawal, in accordance with 2 ° I of Article L. + 34 633 088 345 Any incomplete, damaged or damaged product will not be refunded or exchanged. Return costs are the sole responsibility of the Buyer. From the exercise of the right of withdrawal by the consumer, the Seller has 14 days to reimburse the consumer. It is however possible for the Seller to defer the reimbursement until the recovery of the goods, or the receipt of proof of their reshipment by the Buyer. The refund will be made either by re-crediting the bank card entered during the initial order, or by check or by voucher if the Buyer-consumer so wishes. The refund will not cause any additional costs to the customer. consumer. Subject to compliance with the conditions mentioned above, the returned Products must be sent by registered parcel with acknowledgment of receipt to the following address C / Les garroferes, 27, 46400 Cullera (Valencia), accompanied by the invoice and the duly completed return slip. 10.2 In the event of a return made outside the conditions of the right of withdrawal In the event that one of the conditions of the right of withdrawal described in 10.1 is not respected (return of an incomplete, damaged, damaged product, instructions or missing accessory, delay of return not respected ...). The Product will not be exchanged or refunded. Laboratoire Essentiel Nature Cosmétique may return the product in question to the customer against payment of shipping costs, the amount of which will be indicated to the customer by Laboratoire Essentiel Nature Cosmétique customer service. If the customer refuses to pay the shipping costs necessary to return the product to him or if he does not make the payment of these shipping costs, after a period of 2 months following the first notification to the customer by the customer service of the costs postage to be paid for the return to the customer of the product, the customer can then recover his product only after payment of the shipping costs. Article 11 - Retention of title The products are sold under retention of title. Consequently, the Seller retains ownership of the Products until full payment and collection of the price, as well as any applicable fees, taxes and other duties (in particular all customs duties). The first clause does not preclude the transfer of risks of the Products to the Buyer from the day of their delivery. The Buyer undertakes, until full payment of the Price (and its accessories), not to transform, resell or pledge the Products, on pain of immediate claim by the Seller, the costs and risks of the return of the Products sold is the sole responsibility of the Buyer. Article 12 - Liability The Seller cannot be held responsible for non-performance of the sale in the event of force majeure or in the event of disruption or "wild" strike not declared in advance, even partial, of the distribution services, in particular postal and / or means of transport or communication. The Seller will in no way be responsible for indirect damages that may arise from the purchase and / or use of the Products. The total or partial inability to use the Products, due in particular to an incompatibility of equipment, cannot engage the responsibility of the Seller or give rise to any - compensation or reimbursement. Responsibility of the merchant for the execution of the contract and the transport risks: In the context of an e-commerce delivery, it is the Seller who bears the risk until the product is delivered to the consumer. Article 13 - Nullity of a clause If one or more of the stipulations hereof are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, this will not affect the validity, binding force or scope of the other clauses of these general conditions of sale. Article 14 - Non-waiver The fact that one of the Parties does not take advantage of a default by the other Party in any of the obligations referred to herein shall not for the future constitute a definitive waiver of the non-defaulting party to the obligation in question. Article 15 - Applicable law Sales contracts concluded on the Site in application of these are exclusively subject to Spanish law. Any dispute relating to the conclusion, interpretation, execution or termination of a sale concluded between the Parties, and more generally, any dispute arising from such a sale, will be the exclusive jurisdiction of any a court empowered by law has ruled on a dispute arising from such a sale. However, in the case of a Professional Purchaser, any dispute arising out of such a sale will fall within the jurisdiction of the courts of Valencia. Article 16 - Cookies Information on our use of cookies As a reminder, a cookie is a small file which contains a short line of letters and numbers and which is stored on your internet browser or on your computer's hard drive. Laboratoire Essentiel Nature Cosmétique, like the vast majority of websites, uses cookies to recognize you and distinguish you from other users in order to improve your browsing and shopping experience (auto-login to your account, display the number of ecomiles ..) It also allows us to improve our site by studying anonymous statistics on the use of our site. By visiting our site with your browser configured to allow cookies, you agree to our use of cookies. Article 19 - Data processing 19a - RGPD The General Data Protection Regulation (RGPD) represents an important modernization of European laws on this subject. It entered into force in all the member states of the European Union in May 2018. The GDPR data protection regulation is intended as a countervailing power to the spectacular progress of technology and in particular of the Internet which over time allows merchants, advertisers and other organizations to collect more and more personal data and make massive use of it without the persons concerned necessarily knowing it and / or being able to request that the exploitation cease data concerning them. 19b - Mandatory notifications of data breaches The regulation obliges to report any data leak (or breach of personal data) within 72 hours. Essentiel Nature Cosmétique undertakes to any request for deletion of personal data. 19c - Data collection only for specific, explicit and legitimate purposes The collection of your data is exclusively reserved for the site www.essentielnature-pro.eu and will never be resold, exchanged or any use to which you have not given your consent . Only strictly necessary data is collected and processed. Article 18 - Customer service Laboratoire Essentiel Nature Cosmétique offers 3 communication options for all information: By telephone: +33688406283 (France) +34633088345 (Spain) By email: contact@essentielnature.com By post: Laboratoire Essentiel Nature Cosmétique C / Les Garroferes N ° 27, 46400 Cullera (Valencia) Article 18 - Read before buying WARNING The WWW.ESSENTIELNATURE-PRO.EU site cannot be used to give any medical advice or make a diagnosis, and it does not contain any medical prescription. The advice found on the WWW.ESSENTIELNATURE-PRO.EU site cannot (and should not) be a substitute for consulting a qualified healthcare professional or reading reference books recognized in the medical world. Only a healthcare professional is able to provide you with medical advice, whatever your condition, after having examined you, ensuring you personally conscientious, dedicated and science-based care, by appealing, s '' with the help of competent third parties. I am a COSMETIC product sales consultant, but I am not a health professional (doctor, pharmacist). The medical information provided on the WWW.ESSENTIELNATURE-PRO.EU site is, at best, general in nature and cannot replace the advice of a legally authorized health professional, such as a doctor, a pharmacist, …..
