TOS
General Conditions of Sale applicable to orders placed
on the online sales site www.igranecosmetics.com by end consumers.
PRELIMINARY ARTICLE
SAS TERRE BERBERE markets IgraneĀ® Cosmetics cosmetic products (hereinafter referred to as “Products”).
TERRE BERBERE wanted to set up, in parallel with the points of sale where the Products are sold, its own online sales site. TERRE BERBERE sells the products on its website only at retail and to end consumers. Any order that clearly does not correspond to a retail sale and, more generally, any fraudulent order or order presumed to be such, will be considered null and void by TERRE BERBERE.
1.DEFINITIONS
“Customer(s)” means the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal purposes.
“General Terms and Conditions of Sale” or “GTC” means these General Terms and Conditions of Sale of Products on the Site.
“Party(ies)” means alternately or collectively TERRE BERBERE and/or the Customer(s).
“Product(s)” means the perfumery and cosmetic products of the registered trademark IgraneĀ® Cosmetics offered for sale on the Site under the conditions of Article 3 below.
“Site” means the e-commerce website of the company TERRE BERBERE accessible via the Internet at the following address: https://www.igranecosmetics.com/ offering the Products for sale.
2. IDENTITY OF THE COMPANY
SAS TERRE BERBERE
With capital of ā¬2,000
Whose registered office is at 8, rue du cerf 67200 STRASBOURG ā France
Registered with the RCS: 884123951 R.C.S Strasbourg
Telephone: 00 33 (0) 6 84 50 96 10
Email: sophie@maison-igrane.com
VAT: FR82884123951
3. SUBJECT: SCOPE OF THE GENERAL CONDITIONS OF SALE
The purpose of these General Conditions of Sale is to define the terms of online sale of Products by TERRE BERBERE to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
Les Conditions GĆ©nĆ©rales de Vente sont mises Ć la disposition des Clients sur le Site.
Elles dĆ©terminent toutes les Ć©tapes nĆ©cessaires Ć la passation de la commande et assurent le suivi de cette commande entre les Parties.
En passant commande dāun Produit sur le Site, le Client reconnaĆ®t en cochant une case prĆ©vue Ć cet effet avoir pris connaissance des Conditions GĆ©nĆ©rales de Vente en vigueur au jour de la commande avant la passation de sa commande et les avoir acceptĆ©es sans restriction, cette acceptation nāĆ©tant en aucune faƧon conditionnĆ©e par une signature manuscrite de la part du Client.
Il est prƩcisƩ que le Client peut sauvegarder ou imprimer les prƩsentes Conditions GƩnƩrales de Vente.
TERRE BERBERE se rĆ©serve le droit de mettre Ć jour Ć tout moment les Conditions GĆ©nĆ©rales de Vente. En cas de modification des CGV, les CGV applicables sont celles en vigueur Ć la date de la commande.
Les Conditions GĆ©nĆ©rales de Vente sāappliquent Ć toute vente en ligne rĆ©alisĆ©e sur le Site Ć lāexclusion de tout autre document, et notamment des conditions applicables en BtoB pour les ventes en magasin ou au moyen dāautres circuits de distribution et de commercialisation.
4. PRODUCTS
4.1. Description of the Products
The Products offered for sale by TERRE BERBERE are those which appear on the Site, on the day the Customer consults the Site, and within the limit of available stocks. TERRE BERBERE reserves the right to withdraw Products from sale at any time.
TERRE BERBERE met le plus grand soin dans la prĆ©sentation des Produits sur le Site afin de rĆ©pondre aux exigences de lāarticle L.111-1 du code de la consommation. NĆ©anmoins, les photographies illustrant les Produits nāont quāun caractĆØre indicatif et nāentrent pas dans le champ contractuel.
En effet, si tous les efforts sont faits pour assurer que les teintes des Produits, dont les photos sont affichĆ©es sur le Site, soient fidĆØles aux produits originaux, des variations peuvent intervenir ; notamment en raison des limitations techniques des rendus de couleur dāun Ć©quipement informatique. Par consĆ©quent, TERRE BERBERE ne peut ĆŖtre tenue responsable dāerreurs ou dāinexactitude des photographies ou des reprĆ©sentations graphiques des Produits prĆ©sentĆ©s sur le Site.
Pour toute question relative Ć lāachat des Produits et Ć leur utilisation, ou demande de conseils, lāacheteur peut contacter le Service Client :
par email Ć lāadresse suivante sophie@maison-igrane.com ou
Par tĆ©lĆ©phone au 00 33 (0) 6 84 50 96 10 de 9h Ć 18h.
4.2. Availability of Products
The Products are offered within the limit of available stocks. TERRE BERBERE does not guarantee the availability of the Products presented on the Site. In the event of unavailability of one of the Products, the Customer will be informed by viewing the Availability status.
5. PRICE
The prices of the Products are firm. They are indicated in euros. The current rate is that indicated on the Site, except for typographical errors.
These prices take into account the VAT applicable on the day of the order but do not include packaging and delivery costs which will be invoiced in addition and will be specified to the Customer during the final validation of his order.
The amount of the shipping costs will be indicated before the order is registered by the buyer. The different shipping methods are provided below in the General Conditions of Sale and may be modified at any time by TERRE BERBERE.
The price invoiced to the Customer is the price indicated on the order confirmation, displayed on the Site during the order confirmation and sent by email by TERRE BERBERE.
TERRE BERBERE reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than to post the modifications on the Site. These modifications will not, however, have any impact on orders that TERRE BERBERE has accepted before the entry into force of these modifications, subject to the availability of the Products ordered.
6. RETENTION OF TITLE
The Products ordered remain the property of TERRE BERBERE until full payment of their price by TERRE BERBERE. However, on the effective delivery date, the risks (in particular of loss, theft or deterioration) concerning the Products delivered are assumed by the Customer.
7. ORDER TERMS
7.1. Navigation within the Site
The Customer may view the various Products offered for sale by TERRE BERBERE on the Site. The Customer may freely browse the various pages of the Site, without being committed to an order.
7.2. Order registration
It is specified that the Products are intended for the personal use of the Customer, without any direct connection with the professional activity of the latter. As such, the Customer’s attention is particularly drawn to the fact that he may not order more than ten (10) Products of the same reference per month.
In the event of an order exceeding the aforementioned number, the order will be considered null and void and will not be taken into account.
To place an order on the Site, the Customer must be of legal age, have legal capacity and hold a bank card or a Paypal account
In order to place an order, the Customer can:
ā Pay as a guest without creating an account
If the Customer wishes to place an order, he will choose the different Products he wishes to purchase by clicking on the “Buy now” button and specify the desired quantities, if applicable.
After filling his virtual basket, the Customer clicks on the “Continue payment” button and provides the information relating to delivery and the payment method.
7.3. Delivery territory eligible for an order
The Customer may place an order for Products for a given Territory. In certain territories, the Products may be subject to customs duties that must be paid before taking possession of the Product. TERRE BERBERE is in no way responsible for disputes that may arise with the competent authorities of the given territory.
7.4. Final validation of the order
To definitively validate his order, the Customer must check the box opposite the message “By validating your order, you proceed to payment and accept the General Terms and Conditions of Sale” to definitively validate his order after having chosen the payment method proposed on the same page.
Any order therefore constitutes acceptance of these General Terms and Conditions of Sale.
In addition, to definitively validate his order, the Customer must click on the “Place the order” button.
Before clicking on the “Place the order” button, the Customer has the possibility to:
check the details of his order and its total price;
return to the previous pages to correct any errors made in entering data or modify his order.
From the moment the Customer confirms his order by clicking on the “Place the order” icon, the Customer will no longer be able to cancel or modify his order.
However, upon receipt of the order, the Customer may exercise his right of withdrawal under the conditions provided for in article 12 of these General Terms and Conditions of Sale.
Following validation of the payment by the Customer, a confirmation of the acceptance of the order will be sent by email to the Customer by TERRE BERBERE.
The sale will only be considered as definitively formed after validation of the payment by the Customer and receipt by the Customer of the confirmation email of the acceptance of the order by TERRE BERBERE.
The validation of the payment by the Customer and the confirmation email of the acceptance of the order by TERRE BERBERE will constitute proof of the acceptance of said order and its definitive validation. These elements will constitute the due date of the sums committed by the entry of the Products appearing on the order.
7.5. Refusal of order
TERRE BERBERE reserves the right to refuse any order in the event of:
exceeding the order limits indicated in article 7.2 hereof;
existing dispute with the Customer;
total or partial non-payment of a previous order by the Customer
refusal of authorization of payment by bank card from the Stripe or Paypal payment providers used by TERRE BERBERE to detect bank card fraud;
abnormal nature of the latter, in particular in the event of an order for quantities and/or amounts unusual for an end consumer.
8. ARCHIVING AND PROOF OF THE CONTRACT
The Customer accepts that exchanges between the Parties will be made by e-mail.
The conservation on the computer systems of TERRE BERBERE of the order, the confirmation of the acceptance of the order and any exchange between the Parties will be considered as proof of the sales contract.
The computerized records kept in the computer systems of TERRE BERBERE and its partners will be considered as proof of the communications, orders and payments between the Parties.
9. PAYMENT
Unless the server is unavailable, the Customer will pay for their order after final validation of the order on the Site, by Bank Card (Carte Bleue, Visa, Mastercard and American Express exclusively) or through a Paypal account. The Customer will enter their card number, the expiry date of the card, the name of the cardholder and the visual cryptogram (the last three or four numbers on the back of their bank card) or indicate their email address and their Paypal password.
Payment is made via the secure server, Stripe, a secure payment operator or Paypal. This implies that no banking information concerning the Customer passes through the Site. Payment by bank card or Paypal account is therefore completely secure.
All orders are payable in euros, all taxes and mandatory contributions included.
The bank card is debited at the time the order is shipped.
Payments by check are not accepted.
The Customer guarantees to TERRE BERBERE that he has the necessary authorizations to use the payment method chosen at the time of validation of the order. In the event of refusal by the bank, the order will be automatically canceled.
Purchase invoices will be sent by email to the email address indicated by the Customer when registering his order on the website www.igranecosmetics.com.
As part of the fight against Internet fraud, information relating to orders is checked by the payment partners designated by TERRE BERBERE: Stripe and Paypal, secure payment operators.
Information relating to orders is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat fraud using means of payment, particularly bank card fraud.
10. DELIVERIES
10.1. Refusal of delivery
TERRE BERBERE reserves the right to refuse any delivery in the cases provided for in article 7.5.
10.2. Delivery address
The Products ordered by the Customer in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address when ordering.
Deliveries will always be excluded for which the delivery address provided on the Site is that of:
a hotel or other accommodation facilities;
a poste restante;
a PO box;
a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciles) or in a collective place where an individual address cannot be clearly and lastingly attributed to a natural or legal person.
10.3. Delivery times / Delivery cost
10.3.1. For sales delivered in mainland France:
The delivery time and cost depend on the delivery method chosen by the Customer when ordering.
The delivery time begins to run as soon as the order confirmation email is sent.
For all deliveries, the products are delivered by Colissimo or Mondial Relais or Chronopost and the amount of the delivery costs is calculated on a flat-rate basis.
The cost of delivery for an order of less than sixty-nine (69) Euros including tax is calculated based on the weight of all the products ordered.
Beyond an amount of sixty-nine (69) Euros including tax, the order is shipped free of charge as standard to the Customer.
The maximum delivery time for the order is 10 working days for France.
Each shipping package contains a Delivery Note mentioning the possible conditions and methods for returning the Products received.
10.3.2. For sales delivered outside mainland France:
The delivery costs are the responsibility of the customer. The customer benefits from the option of standard or express delivery.
The maximum delivery time for the order is 45 days for the rest of the world, except in cases of force majeure.
Each shipping package contains a Delivery Note mentioning the possible conditions and methods for returning the Products received.
11. RECEIPT OF PRODUCTS
The Customer must, upon delivery of the Products, check the conformity and condition of the packaging of the Product as well as the conformity of the Product.
11.1. Anomaly and delivery damage
In the event of deterioration or partial loss of the product, the Customer must imperatively formulate reservations upon receipt which must be noted on the delivery receipt presented by the carrier and then communicated by email or telephone to the attention of TERRE BERBERE.
Any anomaly concerning the delivery (items missing compared to the TERRE BERBERE invoice, late delivery, etc.) must be the subject of reservations reported by email to the following address: sophie@maison-igrane.com in order to improve the quality of service that can be offered to him and to allow TERRE BERBERE to carry out an investigation.
In the event that the Customer has reported a missing product or a late delivery, an investigation with the carrier will be set up.
If the product is found, the product may be rerouted to the delivery location designated in the order form.
If 7 days after the indicated delivery date, the ordered product has not been delivered, for any reason other than a case of force majeure, the sale may be cancelled at the request of the Customer within a maximum period of 60 working days from the exceeding of the maximum period indicated for the delivery of the products, by registered letter with acknowledgement of receipt to the following address:
TERRE BERBERE (Chez EVALY)
8, rue du cerf
67200 Strasbourg
France
The sales contract will be considered terminated upon receipt by TERRE BERBERE of the Customer’s letter informing it of its decision.
In such a case, all sums paid by the Customer will then be returned to him in the form of a refund as soon as possible and at the latest within thirty days following the date on which he exercised his right to obtain the cancellation of his order.
11.2. Lack of conformity of the Product
In the event of a lack of conformity of a delivered Product, the Customer may return to TERRE BERBERE the Product presenting the lack of conformity, in its original condition, imperatively bearing the original labels and accompanied by the original packaging and the delivery note. Failing this, TERRE BERBERE will not proceed with the exchange or the reimbursement of the returned defective Product.
In the event that the return of the defective Product is well-founded, TERRE BERBERE will proceed with the reimbursement of the defective Product and the delivery costs, to the exclusion of any compensation.
Under no circumstances may the return, exchange or reimbursement be requested and/or carried out in store.
With the exception of the above assumptions, no exchange of Product is authorized.
12. RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of Article L.121-20 of the Consumer Code and applicable Community law, the Customer has a period of fourteen (14) clear days, from receipt of the Products ordered on the Site, to notify TERRE BERBERE of his/her wish to exercise his/her right of withdrawal on condition that the product has not been opened. From the exercise of this right, the Customer has an additional period of fourteen (14) days to return, at his/her expense, the Product(s) he/she has ordered if he/she is not satisfied with them, and to cancel his/her order.
The Product(s) must be returned in its/their original packaging and unopened packaging and allowing remarketing in new condition, following the procedure described on the delivery note attached to the shipping package. The return of the Products must be accompanied by the return slip included in the duly completed shipping package, in particular with the return number obtained by telephone from Customer Service
All packages must be returned to the following address:
EUROSERVICE PARTNER/Stock IGRANE
42 rue de lāIndustrie
67160 WISSEMBOURG FRANCE
The return costs are the responsibility of the Customer, except in the event of a lack of conformity of the products delivered with respect to the Order (in this case, the return costs are the responsibility of TERRE BERBERE). TERRE BERBERE does not accept packages with postage due.
Any risk related to the return of the product(s) is the responsibility of the Customer. TERRE BERBERE recommends that its Customers subscribe to a package tracking option in order to avoid any inconvenience in the event of loss or theft of the Products during return transport.
If the above conditions are met, TERRE BERBERE will reimburse the Customer by the same means of payment as that initially used, all sums incurred when ordering the returned Products, with the exception of return costs, within a maximum period of fourteen (14) days from receipt of the return slip, or at the latest from the most recent of the following dates: either the day on which TERRE BERBERE receives the returned products, or from the day on which the Customer provides proof of shipment of the goods for which he exercised his right of withdrawal.
In the event of a partial return of Products, only the price of the returned Products will be reimbursed by TERRE BERBERE and not the delivery costs, to the extent that the Customer has benefited from the delivery service for the items kept and that the delivery rates do not change according to the volume ordered.
13. LEGAL GUARANTEE
All Products sold by TERRE BERBERE benefit from the legal guarantee of conformity provided for in articles L211-4 to L211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under this guarantee, the Customer has the choice of returning the Product and being reimbursed for all costs incurred by the sale (delivery costs and return costs included) by TERRE BERBERE.
Reminder of articles L-211-4, L 211-5 and L 211-12 of the Consumer Code and articles 1641 and 1648, first paragraph of the Civil Code:
Article L 211-4 of the Consumer Code: “the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility”
Article L 211-5 of the Consumer Code: “To comply with the contract, the good must:
Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling.
OR
present the characteristics defined by mutual agreement by the parties or be suitable for any use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it if he had known them.”
Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
14. RESPONSIBILITY
TERRE BERBERE is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
TERRE BERBERE cannot be held liable for use of the Products that does not comply with their intended purpose.
It is recalled that the Customer, prior to his order, declares that he has full legal capacity, allowing him to commit to these General Terms and Conditions of Sale. TERRE BERBERE cannot under any circumstances be required to verify the legal capacity of its visitors and buyers. Consequently, if a person who does not have legal capacity orders items on the Site, his legal guardians will assume full responsibility for this Order and must in particular honor the price.
TERRE BERBERE does not guarantee that the Site will be available continuously, without temporary interruption, suspension or error. In particular, TERRE BERBERE cannot be held responsible for:
interruptions or delays recorded on the Site due to technical breakdowns, force majeure, the actions of third parties or any circumstances whatsoever, beyond its control;
the inability of the Customer to temporarily access the Site, due to events beyond its control, such as computer breakdowns, interruptions to the telephone network, the Internet network or failure of the Customer’s reception equipment on the Internet network.
TERRE BERBERE cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer’s personal data, (ii) the accidental transmission of viruses or other harmful elements resulting from access to the Internet or transmissions by e-mail.
Without limiting the scope of the other provisions of the General Conditions of Sale, the liability of TERRE BERBERE may only be retained in the event of proven fault exclusively attributable to it. In any event, it will be limited to direct damages only.
TERRE BERBERE reserves the right to suspend the operation of the Site.
15. COMPLAINTS ā INFORMATION
For any information, complaint or question relating to the mail order conditions set up by TERRE BERBERE or to the items themselves, Customers must contact TERRE BERBERE customer service by telephone: 00 33 (0) 6 84 50 96 10 or by post or email to sophie@maison-igrane.com, stating their order number.
16. PROVISION OF THE āDATA PROTECTION AND FREEDOMā ACT
In accordance with the provisions of the Data Protection Act of 6 January 1978, TERRE BERBERE has declared the file containing personal data relating to the Client of the Site to the National Commission for Data Protection and Liberties
(Declaration No. 1662709).
Under this law, the client has the right to access, rectify or oppose the personal data collected concerning him. These rights may be exercised by mail or email to the following address: sophie@maison-igrane.com
17. FORCE MAJEURE
TERRE BERBERE cannot be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to a fortuitous event or the occurrence of an element constituting force majeure such as, in particular, and without this list being exhaustive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout. These events constitute a cause for suspension and/or extinction of TERRE BERBERE’s obligations towards the Customer, without compensation for the Customer.
18. INTELLECTUAL PROPERTY
The intellectual property rights attached to the Brand and the Products sold on the Site are and remain the exclusive property of TERRE BERBERE. All exploitation rights are exclusively reserved for it. Under these conditions, no one is authorized to reproduce, exploit, distribute or use in any capacity whatsoever, even partially, the intellectual property rights, without the prior written consent of TERRE BERBERE. The brands and logos of TERRE BERBERE are registered trademarks. Any reproduction therefore constitutes an infringement.
19. ENTIRE AGREEMENT
The General Terms and Conditions of Sale, the order summary sent to the Customer and the order confirmation email form a contractual whole and constitute the entirety of the contractual relations between the Parties. They constitute the only contractual documents binding on the Parties, to the exclusion of any other document or photograph of the Products which have only an indicative value.
TERRE BERBERE makes the contractual documents available in such a way as to allow their conservation and reproduction by the Customer, in accordance with Article 1369-4 of the Civil Code.
20. APPLICABLE LAW ā DISPUTES
These General Terms and Conditions of Sale and the contractual relations between TERRE BERBERE and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Terms and Conditions of Sale shall, in the absence of an amicable arrangement, be subject to the jurisdiction of the court of the place of domicile of the defendant or that of the place of actual delivery of the Product.
