General conditions of sale

La petite Argelesienne offers for sale cosmetic products and accessories manufactured by and/or for La petite Argelesienne or its potential business partners (the “Products”) to people browsing the Website (the “Users”).

For the application hereof, it is agreed that the User and La petite Argelesienne will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User who has validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.

Any order for a Product offered on the Website implies consultation and express acceptance of these General Terms and Conditions of Sale (hereinafter “GTC”) by the Buyer.

It is specified that the User may save or print these T&Cs, provided however that they do not modify them. These T&Cs are also available at any time on the Website. They may be subject to change at any time, the applicable T&Cs being those in force on the Website on the date the Buyer places the order.

In accordance with the legislative and regulatory provisions in force relating to the electronic signature, it is recalled that the validation of the order form under the conditions provided for in these GCS constitutes an electronic signature which has, between the Parties, the same value as a signature. handwritten and constitutes proof of the completeness of the order and the payment of the sums due in execution of the said order.

1. OBJECT

The purpose of these T&Cs is to define the rights and obligations of the Parties arising from the online or catalog sale of the Products offered on the Website.

2. PRODUCTS - PRICES

2.1 PRODUCTS

The Products offered for sale by La petite Argelesienne are those that appear on the Website, on the day the User consults the Website and within the limits of available stocks.

La petite Argelesienne is very vigilant about the availability of its Products and accepts orders within the limits of available stocks. However, in the event of unavailability of one of the Products, the Buyer will be informed as soon as possible and will be reimbursed without delay and at the latest within thirty (30) days of payment of the sums he has paid.

Only the products delivered will be invoiced.

It is already specified that We reserve the right to substitute the unavailable Product(s) with one or more similar Product(s), of at least equivalent value. If he does not wish to keep the substituted Product(s), the Buyer will have the possibility of exercising his right of withdrawal according to a procedure and deadlines detailed in article 9 of these GCS.

The photographs and texts illustrating the Products do not enter into the contractual field. Minimal variations in the representation of the Products do not engage the responsibility of La petite Argelesienne and do not affect the validity of the sale.

2.2 PRICES

The prices are indicated in Euros and are valid in metropolitan France, Corsica and Monaco. They take into account any reductions, as well as VAT, applicable on the day of the order.

The prices indicated on the Website are guaranteed until the expiry date indicated in the offer, the prices indicated do not take into account shipping costs.

Standard Delivery France :

3. REGISTRATION AND VALIDATION OF THE ORDER

3.1 NAVIGATION WITHIN THE WEBSITE

The User can find out about the various Products offered for sale by La petite Argelesienne on the Website.

The User can browse freely on the different pages of the Website, without being bound by an order. By connecting to or using the Website, the User nevertheless remains subject to the General Conditions of Use and the privacy policy-Privacy Policy and Cookies that he acknowledges having read, understood and accepted without limitation or reservation.

3.2 REGISTRATION OF AN ORDER

On the Website, at any time, the User will be able to see:

• Charges applicable to the various delivery methods available;
• obtain a summary of the Products he has selected, by clicking on his basket;
• continue their selection of Products by clicking on “Continue shopping”;
• complete his selection of Products and order these Products by validating his basket and clicking on “Order”.

To order the Products he has thus chosen, after having clicked on "Order", any User must identify himself, either by entering his e-mail address and his confidential password, if he has already created his account, or by clicking on "To identify yourself, Click here!" " otherwise.

In the latter case, the User must accurately complete the form made available to him, on which he will include the information necessary for his identification and in particular his surname, first name, postal address. In addition, the User must provide his e-mail address and a password of his choice which will be personal and confidential and which he will need to identify himself later on the Website.

The User is informed and accepts that the entry of these two identifiers constitutes proof of his identity and expresses his consent.

Once the User has been identified, he must validate the delivery address then an order form will appear on the screen, summarizing: the nature, quantity and price of the Products retained by the User, as well as the total amount of the order, the delivery costs, the User's contact details, and the address and delivery time of the Products. The User can choose the method of payment he wishes, among those offered by La petite Argelesienne.

4.3 DEFINITIVE VALIDATION OF THE ORDER

After having read the status of his order, and once all the information requested has been completed by the User, the latter:

• either click on the payment method chosen to definitively confirm their order;
• or click on the button allowing him to modify his basket and/or the information relating to his personal details.

By clicking on the payment method button, the User must, before continuing the operation, read these T&Cs, then confirm his agreement to all of these T&Cs, by means of a confirmation action from acceptance implemented by the Website (for example, by checking a box).

Once the confirmation of the T&Cs has been duly accepted by the User, the latter may then pay by credit card.

The User must transmit his credit card number, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the credit card).

It is specified that by choosing immediate payment by credit card, as provided for in Article 8 below, the User will then be automatically switched to the electronic payment server of the “Bank”). The Bank's server is secured by SSL encryption (Secure Socket Layer) in order to protect all data relating to means of payment as effectively as possible. At no time will the User's bank details be transferred to La petite Argelesienne's computer system. The responsibility of La petite Argelesienne is therefore released.

The order is validly registered once the Buyer has been able to check the details of his order and its total price, that he has been able to correct any errors, and that he has validated his order. The User then becomes a Buyer.

The order form will be recorded on the computer registers of La petite Argelesienne , themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.

3.4 ORDER CONFIRMATION

When he has validated his method of payment on the Website (if applicable with the provision of his card number and the expiry date), a printable and recordable summary of the Buyer's order will be displayed, mentioning including the order references. The Buyer will be sent a confirmation e-mail when registering his order, including the following information:

• Identity and contact details of the seller;
• Order references;
• Summary of the order and essential characteristics of the Product(s);
• Delivery times, costs and possible restrictions;
• Possible withdrawal in store and place of withdrawal;
• Total amount of the order, including tax, including delivery costs;
• Rights and legal guarantees available to the Buyer;
• Confirmation of payment.

4. PAYMENT

The amount owed by the Buyer is the amount indicated on the order confirmation sent by e-mail by La petite Argelesienne to the Buyer.

Payment will be made online by bank card (Visa, Eurocard/Mastercard, American Express). It is specified that only bank cards issued by a French or Monegasque financial institution will be accepted.

If the Buyer has a "PayPal" account, he may also use this means of payment on the Site. For this, when ordering, the Buyer must select the "PayPal" payment method; he will be redirected to a PayPal page allowing him to identify himself and validate his payment. Once the payment has been validated, the Buyer will then be automatically redirected to the Site for the finalization of his order.


In any event, La petite Argelesienne reserves the right to refuse any order or delivery in the event of:

• existing litigation with the Buyer;
• total or partial non-payment of a previous order by the Buyer;
• refusal to authorize payment by card from banking organisations;
• non-payment or partial payment;
• use of a bank card not issued by a French or Monegasque financial institution.

5. RETENTION OF OWNERSHIP

La petite Argelesienne retains ownership of the Product(s) ordered until full receipt and full payment of the price and accessories, including delivery costs. In the event of a payment incident, the Purchaser undertakes to return to La petite Argelesienne any Product(s) received, without delay and on first request.

6. DELIVERY

La petite Argelesienne sends a shipping notice when the package is sent.

The Products ordered by the Purchaser will be delivered only in Metropolitan France, Corsica (with the exception of perfumes) and Monaco, to the address indicated by the latter on the order form. An order can only be associated with one mailing address. If you wish to send the same parcel to several addresses, you will have to create an order for each of the addresses concerned.

Standard Delivery (2-4 business day order processing and shipping)

We process orders on business days Monday through Friday, excluding holidays. Orders placed on Saturday and Sunday are processed the following Monday.
An order is only sent once it has been processed.
However, delivery cannot be guaranteed in the event of force majeure (see below).

7. GUARANTEES

7.1 COMMERCIAL WARRANTY

In accordance with articles L. 211-15 and following of the Consumer Code, some of the Products sold on the Website may benefit from a commercial guarantee, the duration and conditions of which are indicated on the page of the Product(s). concerned.

In the event that the Product ordered by the Buyer is covered by such a commercial guarantee, the Buyer will receive, in accordance with the provisions of article L. 211-15 of the aforementioned Code, a written document containing the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. This written document will also reproduce the provisions of article L. 211-16 of the aforementioned Code, which provides that "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »

7.2 LEGAL GUARANTEES

Independently of any commercial guarantee that may be granted to the Buyer, La petite Argelesienne is bound vis-à-vis the Buyer:

• the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code (articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code, reproduced below), (see paragraph 8.2.1. below) and
• the guarantee relating to defects in the item sold , under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code (Articles 1641 and 1648 paragraph 1 of the Civil Code, reproduced below) (see paragraph 8.2.2. below ).

7.2.1 Legal guarantee of conformity

In addition, the Buyer is reminded that “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (…) The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity” (article L.211-7 of the Consumer Code).

7.2.2 Warranty relating to defects in the item sold

7.3 DEADLINES AND CONDITIONS FOR EXERCISE OF LEGAL GUARANTEES

Any claim made after the two-year period provided for in Articles L. 211-12 of the Consumer Code and 1648 paragraph 1 of the Civil Code mentioned above will be rejected.

If the Product(s) delivered turn out to be, from the Buyer's point of view, non-compliant or present(s) one (of) hidden defect(s) , the Buyer should contact Customer Service to notify him of the non-conformity or hidden defect of the Product.

Customer Service will inform the Buyer of the procedure to follow to ship the Products.

Any return costs incurred by the Buyer will be reimbursed by La petite Argelesienne .

Upon receipt of the Product(s) and after examination of the request and the Product(s), if the non-compliant or defective nature of the Product(s) is proven, the procedure will then be as follows:

7.3.1 Legal guarantee of conformity

The goods will be repaired or replaced, at the Buyer's choice, subject to the provisions of Articles L. 211-9 and L. 211-10 of the Consumer Code.

77.3.2 Legal guarantee of conformity

This will be done in accordance with articles 1644 to 1646 of the Civil Code.

8. RIGHT OF WITHDRAWAL

Pursuant to the provisions of Articles L. 121-21 and following of the Consumer Code, the Buyer has a period of fourteen working days to exercise his right of withdrawal to return the Product(s) he has ordered, without having to justify its decision.

This withdrawal period expires fourteen days after the day of receipt of the Product(s) ordered.

To exercise the right of withdrawal, the Buyer must notify Us of his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail).

If the Buyer sends his withdrawal request electronically, We will send him an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).

In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the Buyer is informed that notwithstanding a request for withdrawal made within the period previously indicated, the right of withdrawal cannot be exercised. in particular "for contracts (...) for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection".

Therefore, the Buyer shall return the complete Product(s), unused, in its (their) original packaging intact(s) to Us without undue delay and, in any cause, no later than fourteen days after the Buyer has communicated its decision to withdraw. This deadline will be deemed to have been met if the Buyer returns the complete Product(s) before the expiry of the fourteen-day period.

The Buyer must contact customer service to find out the procedure allowing him to return the Product(s) free of charge. The Buyer's liability is only engaged with regard to the depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this (these) Product(s).

The Buyer will ensure, as far as possible, to attach to his package the number of his order and a transport slip to stick on the package, the latter can be obtained by contacting Customer Service.

If the Product(s) are not returned within the above-mentioned period of fourteen days, from the day of actual receipt of the order, the order is deemed final and no refund can be made, with the exception of the cases provided for. to these T&Cs.

In the event of withdrawal by the Buyer, We will reimburse all payments received from him, including delivery costs (with the exception of additional costs arising from the fact that the Buyer has chosen, where applicable, a method of delivery other than the less costly method of standard delivery offered by Us) without undue delay and, in any event, no later than fourteen days from the day on which We are informed of the Buyer's decision to withdraw.

We will make the refund using the same means of payment that you used for the initial transaction; in any case, this reimbursement will not incur any costs for the Buyer.

Reimbursement of the above sums will be deferred until the Product(s) are recovered under the above conditions, or until the Buyer has provided La petite Argelesienne with proof of shipment. of these goods, the date used being that of the first of these events.

For any additional information on the scope, content and procedures for exercising the Buyer's right of withdrawal, the latter may contact customer service by EMAIL

9. FORCE MAJEURE

La petite Argelesienne will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure.

Events meeting the criteria set by case law and the laws in force will be considered as cases of force majeure.

In the presence of an event constituting force majeure,

La petite Argelesienne will notify the User/Purchaser within five (5) working days following the occurrence or threat of this event.

The Parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order for the duration of the case of force majeure.

Beyond a period of one (1) month of interruption due to force majeure,

La petite Argelesienne may not honor the order, it being responsible for reimbursing the Buyer if necessary.

10. PARTIALLY NOT VALID

If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope.

11. ENTIRE AGREEMENT

These GCS and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.

12. APPLICABLE LAW

These T&Cs and the contractual relationship between La petite Argelesienne and the Buyer are subject to French law.

13. ATTRIBUTION OF JURISDICTION

Any dispute resulting from the formation, interpretation or execution of this contract will be submitted to the competent French courts or to any other competent judicial authority.

14. CUSTOMER SERVICE CONTACT AND CONSUMER DISPUTE MEDIATION

For any question relating to a purchase made on the Website, the Buyer has the possibility of contacting Customer Service as follows:

• By EMAIL
• By mail:
  24 July 14th Street
  66700 Argeles sur mer

In accordance with Article L. 612-2 of the Consumer Code: “A dispute cannot be examined by the consumer mediator when:

1) The consumer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the methods provided, if necessary, in the contract;
2) The request is manifestly unfounded or abusive;
3) The dispute has been previously reviewed or is being reviewed by another mediator or by a court;
4) The consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the professional.