These General Sale Conditions are concluded on the one hand between BIOMAKEUP, SAS with a capital of 5000 €, registered with the RCS of Créteil under number B 852 232 347, having its registered office at 11 avenue du Petit val 94370 Sucy en Brie ( hereinafter referred to as “BIOMAKEUP”), and on the other hand any person having made a purchase on the site www.fredmecene.com, (hereinafter referred to as “the Customer”). Any purchase on the site www.fredmecene.com (hereinafter referred to as “the Site”) automatically implies acceptance of these conditions.
The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing them to place an order on the site.
Any User of the Site undertakes to respect, without restriction or reservation, these GTCS.
BIOMAKEUP reserves the right to adapt or modify these T & Cs at any time.
ARTICLE 1 - PRICE
The prices of the products presented on the Site are indicated in euros all taxes included, excluding shipping costs. BIOMAKEUP reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in effect at the time of order entry.
ARTICLE 2 - ORDER
To place an order, the Customer must select the desired products and quantities to add them to their virtual basket, then click on the “I order” button to provide information relating to delivery and the method of payment.
The Customer does not necessarily have to create a personal account on the Site to place an Order. On the other hand, certain personal data of the Customer must be collected for the proper execution of the Order by BIOMAKEUP.
The Customer can create a personal account allowing them, in particular, to follow the history of his Orders and download the associated invoices. Certain personal data of the Customer is required for the creation of a personal account. The Customer is required to provide complete, up-to-date and fair information, the responsibility of BIOMAKEUP not being able to be engaged in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the order is finalized, support is confirmed by BIOMAKEUP by sending a confirmation email to the Customer at the address indicated during the Order.
The Order is validated once the payment has been made and received by BIOMAKEUP.
BIOMAKEUP will send the Customer an invoice by email to the address indicated during the Order. Customers are advised to save or print their invoice and keep it.
BIOMAKEUP undertakes to honor validated Orders, within the limits of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The Customer will then have the choice of being reimbursed for the amount corresponding to the Products ordered, or of being delivered when the Products concerned are back in stock (unless the catalog is permanently withdrawn).
In any case, BIOMAKEUP cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.
BIOMAKEUP may modify the assortment of products offered for sale on the Site at any time, without prejudice to Orders placed by the Customer.
ARTICLE 3 - DELIVERY
The delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. These will appear on a specific line separate from that specifying the price of the Products.
It is expressly specified that the amount of the delivery costs may vary depending on the delivery territory of the Products, which the Customer expressly recognizes and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Delivery times include the preparation and shipment of the Order, as well as the delivery time of the Products to the delivery point (Customer's postal address or relay point).
Pursuant to Article L. 216-1 of the Consumer Code, BIOMAKEUP agrees that the products will be delivered within the time limits specified during the Product Ordering process and before the validation of said Order. Delivery times are also mentioned in the Order confirmation email sent to the Customer.
BIOMAKEUP using external service providers (carriers, postal services, etc.) for the delivery of the Products, BIOMAKEUP is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be impacted by the service providers without BIOMAKEUP being responsible for these delivery delays and the consequences that could result from them.
When the delivery is made against signature, this is proof of the good reception of the package. The transfer of risk and responsibility relating to the Products takes place upon receipt of the Products by the Customer. From that date, the Customer will be solely responsible for them, as well as for their use and any consequences that may result therefrom. Consequently, the Customer undertakes to verify, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Otherwise, the Customer agrees to refuse to accept the Order and to affix his signature to any supporting document. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.
ARTICLE 4 - PAYMENT
The Customer pays on the site www.fredmecene.com by credit card via the secure Stripe payment platform on which the Customer directly enters their bank details. Under no circumstances will BIOMAKEUP have or will have access to the Customer's bank details.
Payment for products purchased on the Site is made in full when ordering. The Products remain the full property of BIOMAKEUP until full payment of the Order.
ARTICLE 5 - RIGHT OF WITHDRAWAL
In application of articles L.221-1 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging. 'origin and in perfect condition (any product damaged, incomplete, damaged or with damaged packaging will not be taken back), to request reimbursement without penalty.
In particular, BIOMAKEUP will not reimburse Cosmetics for which the security label on which the bar code appears has been removed.
The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other element making it possible to identify the Order in question, and its holder.
The return of the Product is made at the risk and peril of the Customer. If the package is lost, stolen or damaged during the return of the product, BIOMAKEUP reserves the right to refuse a refund for the returned product (s). Only the Customer identified as such with BIOMAKEUP can exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery. The return address is: COTE D'AZUR ROUTAGE Rue ZI 16ème rue 06510 CARROS.
It is not necessary to attach a document to the package. We advise you to choose a mode of transport with tracking number. Without a tracking number, we will not accept any complaints. If the item is refused by BIOMAKEUP, it is returned to the Customer at BIOMAKEUP's expense without the Customer being able to demand any compensation whatsoever.
ARTICLE 6 - PROMOTIONAL CODES
A promotional code gives the right to a one-off discount for the purchase of one or more products under the conditions provided for in the promotional code.
Promotional codes are personal. Promotional codes are inalienable and may not be sold, bartered, exchanged, or made available to the public for free or for a fee on a website or any other communication medium without the prior, express and written authorization of BIOMAKEUP.
Promotional codes apply only to non-discounted base prices and cannot be combined with each other.
These codes are not refundable during an exchange.
ARTICLE 7 - INTELLECTUAL PROPERTY
Without this list being exhaustive, the brand "FRED MÉCÈNE" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of BIOMAKEUP. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which BIOMAKEUP is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of BIOMAKEUP are strictly prohibited and may be the subject of legal proceedings. Any reproduction or representation, total or partial, of the Site or its components, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited. Browsing the Site does not imply any transfer of intellectual property rights for the benefit of the User. BIOMAKEUP grants the User a right of access and consultation of the Site only, under the conditions and modalities provided for in these GTC.
ARTICLE 8 - LIMITATION OF LIABILITY
BIOMAKEUP declines all responsibility for damages of any kind, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data that could arise as a result of the use of the Site. In the event that BIOMAKEUP's liability should be established and retained due to damage suffered by the Customer and exclusively to BIOMAKEUP, this is limited to the amount of the Order paid by the Customer to BIOMAKEUP.
The User acknowledges that their use of the Site is at their own risk. The Site is provided to them "as is" and is accessible without any guarantee of availability and regularity. BIOMAKEUP will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of BIOMAKEUP and subject to maintenance periods, possible breakdowns, contingencies techniques related to the nature of the network or malicious acts or any damage to the hardware or software of BIOMAKEUP.
BIOMAKEUP can in no way be held responsible for an interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption.
The Site has the technology necessary to date for its access and use, the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded. BIOMAKEUP makes no warranty, either express or implied, as to the functioning of the Site, in particular any technical problem that may arise. BIOMAKEUP reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, such as the right to eliminate, limit, suspend or prohibit them. access, temporarily or permanently.
BIOMAKEUP's liability under the obligations of these GTC cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence a force majeure event as defined by French courts and article 1218 of the Civil Code, or any other event which was not reasonably under the exclusive control of BIOMAKEUP. It is agreed that in the event that BIOMAKEUP's liability is called into question, regardless of the basis and / or the nature of the action, only direct and foreseeable damage is liable to give rise to compensation. Thus, any indirect, consequential and / or incidental damage, such as for example a commercial disturbance, loss of customers, etc., will not give rise to the right to compensation for the benefit of the User In any event. BIOMAKEUP's liability, in the event of damage caused to the Customer, for any reason whatsoever, will be expressly limited and may in no case exceed the total amount excluding taxes of the Customer's Order made within the framework of hereof.
The Customer agrees to use the Products in strict accordance with the instructions for use provided by BIOMAKEUP. Therefore, BIOMAKEUP cannot be held responsible in the event of improper use of the Products by the Customer or a third party.
ARTICLE 9 - LEGAL WARRANTY
In accordance with the provisions of the Consumer Code, the Products sold on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. Of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge. Guarantee against hidden defects. In accordance with articles 1641 and following of the Civil Code, BIOMAKEUP is bound by the guarantee for hidden defects of the Products sold making them unsuitable or significantly affecting the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years of the discovery of the defect. Within the framework of the legal guarantee against hidden defects, BIOMAKEUP, according to the choice of the Customer, undertakes, after assessment of the defect either: - to reimburse him the full price of the Product concerned; - to reimburse him for part of the price of the Product if the Customer decides to keep it.
Legal guarantee of conformity. In accordance with Articles L.217-4 et seq. Of the Consumer Code, BIOMAKEUP is required to deliver Products conforming to each Customer's Order, namely: - Products corresponding to the description given by BIOMAKEUP; - Products presenting the qualities that the Customer can legitimately expect in view of BIOMAKEUP's statements. The Customer may bring an action on the basis of a lack of conformity within two years from the delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from the delivery is deemed have existed upon delivery. Within the framework of the legal guarantee of conformity, BIOMAKEUP, according to the choice of the Customer, undertakes, after appreciation of the defect either: - to reimburse them the price of the Product concerned; - to exchange the Product for a Product conforming to their Order, if this is possible.
ARTICLE 10 - COMPLAINTS - INFORMATION
Any complaint or request for information relating to these T & Cs should be addressed to Customer Service by email at the following address: firstname.lastname@example.org.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
Partial If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity strength and scope.
The fact that one of the Parties does not invoke with the other Party a breach of any of the obligations referred to in the GTC cannot be interpreted for the future as a waiver of the obligation in question.
In the event of a dispute relating to an Order, the Customer must first contact BIOMAKEUP, in order to find an amicable solution, by email to the address email@example.com. Referral to the mediator can only take place after the Customer has taken prior written steps with BIOMAKEUP. In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. .
Applicable law and attribution of jurisdiction
These T & Cs are governed by French law, unless there is an imperative to the contrary. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTCS will be submitted to the competent courts of Paris, unless otherwise required. For all practical purposes, it is specified that the deadlines for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.