GTC Bénédicte Cosmetics Sarl
1- Preamble
Benedicte.swiss, hereinafter referred to as the “Website”, is an e-commerce site accessible via the Internet. It enables Bénédicte Cosmetics Sàrl to offer cosmetic products for sale, hereinafter referred to as “Products”, to any user of this network browsing the Website, hereinafter referred to as “User”. For the purposes of these terms and conditions, it is agreed that the User and Bénédicte Cosmetics 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 be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.
2- Purpose
All orders placed on the Website are governed by these general terms and conditions of sale. These terms and conditions are authentic, apply and prevail over any other document, unless special conditions are expressly agreed by Benedicte Cosmetics. They define the rights and obligations of the Parties. Each Buyer acknowledges having read, understood and accepted these general conditions of sale. Any order for one or more Products by the Buyer implies his or her unreserved acceptance and prior, full and complete adherence to these general conditions of sale and guarantees.
Bénédicte Cosmetics reserves the right to modify, at any time, the content and form of these general terms and conditions of sale, which remain accessible at all times on the Website.
3- Products
The products offered for sale by Bénédicte Cosmetics Sàrl are those shown on the Website on the day the User consults the Website, and within the limits of available stocks. The photographs illustrating the Products are not contractually binding.
4- Prices
The prices payable for the Products are those displayed on the Site on the date of the order, in the currency specified, including VAT. In accordance with the legislation in force, the VAT collected on sales is paid in Switzerland or in France. To this end, Bénédicte Cosmetics has registered with the tax authorities under the following numbers:
Switzerland
CHE-372.494.602
France
FR 24 841381205
Bénédicte Cosmetics Sàrl reserves the right, which the User accepts, to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of the said Products. Any shipping costs are invoiced in addition.
5- Placing an order
If the User wishes to place an order, he/she will select the various Products in which he/she is interested, and will express said interest by clicking on the “Add to cart” box. At any time, the User may obtain a summary of the Products he has selected or modify his order by clicking on “Basket”. A summary of the order will then appear on the screen. If the list presented to the User corresponds to the Product(s) selected, the User may continue with the order by clicking on “Checkout”. The User must then identify himself, either by entering his e-mail address and password, if he is already a customer, or by accurately filling in the form provided, on which he will include the information necessary for his identification, in particular his surname, first name and postal address. The User is informed and accepts that the entry of any identifier is proof of his/her identity and demonstrates his/her consent.
6- Final validation of the order
After having read the status of the order and once all the required information has been filled in and recorded by the User, the User will choose the payment method he/she wishes to use to pay for the order. The User will click on “Checkout” to pay for their order. Benedicte Cosmetics draws the Buyer’s attention to the fact that ordering online on the Site is secure. As soon as the User validates the payment, the order is recorded and becomes irrevocable. The User then becomes a Buyer and undertakes to purchase the selected Products. The order form is recorded and will be considered as proof of the contractual relationship between the Parties.
7- Confirmation of the order
Once the order has been validated and paid for, the Buyer will receive an order confirmation by e-mail. The order will be considered effective after confirmation of the agreement of the bank payment centres.
Only the Product(s) sent will be debited, together with the transport costs. Benedicte Cosmetics reserves the right to refuse any order from a Buyer for a legitimate reason, in accordance with the legislation in force. Benedicte Cosmetics is entitled to refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order with it, or with another merchant.
8- Delivery
From the time of the order and confirmation of payment, the delivery times, as an indication, are two (2) to eight (8) working days. Delivery costs are calculated at the end of the order according to the shopping basket, the weight, the volume and the rates of the carrier in charge of the delivery. They are payable by the Buyer, except in the case of special promotions specified by Bénédicte Cosmetics.
On receipt of the Product(s) ordered, the Buyer must check the conformity of these Products. Any anomaly concerning the delivery (missing or broken product, etc.) must be indicated by the Buyer on the receipt presented to him by the carrier when the parcel is handed over and must imperatively be notified, on the day of receipt or at the latest on the first working day following receipt, on the “Contact Us” Site. Any claim made after this time will be rejected and Bénédicte Cosmetics will be released from all responsibility. In the event of any anomaly concerning the parcel or the Product(s) and after having notified Benedicte Cosmetics within the aforementioned time limit, the Buyer must return the Product(s) in its (their) original packaging under the conditions of Article 9 “Right of withdrawal” defined below and within a period of seven (7) days from the receipt of the order. This return must be accompanied by a letter detailing the Buyer’s references, the number and date of the invoice, the Product(s) references and the reasons for the complaint. Benedicte Cosmetics reserves the right to check the returned Product(s), to study the nature of the complaint and consequently to proceed or not with the free replacement of the Product(s) without any compensation being due. In case of unavailability of the Product(s) ordered, the Buyer will be informed of this unavailability. With the prior agreement of the Buyer, a Product of equivalent quality and price will be offered. If the Buyer does not agree, he/she may, if necessary, be reimbursed within thirty (30) days of payment of the sum paid. Benedicte Cosmetics declines all responsibility in the event of failure to deliver or delay in delivery due to a case of force majeure, the act of a third party or a fault attributable to the consumer.
9- Right of withdrawal
The Buyer has a period of seven (7) clear days to inform Benedicte Cosmetics of his or her wish to withdraw, starting from the day of receipt of the order. In order to exercise this right of withdrawal, the Customer must inform Benedicte Cosmetics of his decision to withdraw by e-mail on the “Contact Us” website. The Buyer must then return the Product(s) in their original packaging, at his or her own expense, no later than seven (7) days following the e-mail on the Site concerning his or her withdrawal. If the conditions mentioned are met, Benedicte Cosmetics will reimburse the Buyer the full amount paid by the Buyer as soon as possible, at the latest within thirty (30) days of the date of delivery of the Product(s) concerned. Benedicte Cosmetics reserves the right to defer reimbursement until the Product(s) have been recovered. In any event, the reimbursement of the price of the Product(s) ordered, delivered and returned will only be made on condition that the Product(s) returned have been inspected and judged to be complete and in good condition by Benedicte Cosmetics.
The cost of returning the returned Product(s) shall be borne by the Buyer.
10- Guarantee
The Products sold by Bénédicte Cosmetics comply with European regulation n°1223/2009 in force.
Without limiting the scope of these general terms and conditions of sale, no claim whatsoever concerning the Product(s) delivered, the non-delivery of the Product(s) or any other claim may exceed the amount of the purchase price of the products which gave rise to a claim for damages. Under no circumstances shall Benedicte Cosmetics be held responsible for indirect, incidental or consequential damages of any nature whatsoever arising in connection with its products, their use, their sale, or the Website.
11- Personal data
Benedicte Cosmetics undertakes to respect the confidentiality of the personal data provided by the User, the Buyer, when placing an order on the Website and to process them within the limits imposed by the law.
The User, the Buyer, undertakes to provide the personal data necessary for the proper processing of his/her order (billing and delivery). He/she undertakes to ensure that this information is correct and up to date at the time of the order.
12- Force majeure
Benedicte Cosmetics will do everything in its power to fulfil its obligations but shall in no way be held responsible for cases of force majeure or fortuitous events. Thus, any delay or absence of delivery resulting from circumstances beyond its control, in particular strikes, wars, natural disasters or any other circumstances that prevent the smooth running of the production, transport or delivery of Products, cannot be held responsible by Bénédicte Cosmetics. In addition to the cases usually accepted by case law, the following are expressly established as force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Buyer.
13- Partial invalidity
If one or more stipulations of these general terms and conditions of sale 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 shall retain all their force and scope.
14- Entirety of the contract
The present general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of contradiction between the documents, the general conditions of sale shall prevail.
15- Intellectual property
The benedicte.swiss website is an intellectual work protected by the Intellectual Property Law. Each of the elements of which it is composed, such as brands, logos, photographs, images, illustrations, texts and slogans, are the exclusive property of Bénédicte Cosmetics, which is the only party entitled to use the intellectual property rights and personality rights relating to them.
