GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – Purpose
The purpose of these General Terms and Conditions of Sale is, on the one hand, to inform any consumer of the terms and conditions under which the seller ("TEOXANE FRANCE") sells and delivers its products and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by TEOXANE FRANCE to the consumer ("the Buyer").
They apply, without restriction or reservation, to all sales of products offered by TEOXANE FRANCE on its website https://www.teoxaneshop.fr (hereinafter the "Site").
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales made through other distribution or marketing channels. These General Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, where applicable, over any other version or contradictory document.
Consequently, the placing of an order for a product offered for sale on the TEOXANE FRANCE Site by any person entails full and complete acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing the order.
Products are offered for sale and delivery exclusively within the following geographical territory: Metropolitan France (including Corsica).
For the purposes of these General Terms and Conditions of Sale, the Buyer and TEOXANE FRANCE are individually or collectively referred to as the Party or the Parties.
Prior to placing any order, the Buyer declares that:
- The purchase of products on the TEOXANE FRANCE Site is not directly related to any professional activity and is limited to strictly personal use;
- They have full legal capacity, enabling them to commit under these General Terms and Conditions of Sale.
The products on the Site are sold only at retail and to end consumers. Any order that clearly does not meet these two criteria will be considered by TEOXANE FRANCE as a fraudulent or presumed fraudulent order and, as such, will be null and void.
TEOXANE FRANCE reserves the right to modify these General Terms and Conditions of Sale at any time without notice. The General Terms and Conditions of Sale applicable to the order are those accepted by the Buyer at the time the order is placed.
Article 2 – Identity of the seller
Name: TEOXANE FRANCE
Address: 25, boulevard Malesherbes – 75008 PARIS – France
contact@teoxane-beauty.fr
Tel: 01 44 40 88 90
SAS registered with the Paris Trade and Companies Register (RCS) under number 391 495 702
Share capital: €69,000
Intra-community VAT number: FR 603 9149 5702
Article 3 – Formation of the contract and orders
3.1 Prices
The sale prices of the products online on the TEOXANE FRANCE Website, indicated in euros, are those in force at the time the order is validated by the Buyer. The sale prices of the products may be modified by TEOXANE FRANCE at any time without notice. Any such modification will be notified to the Buyer before any order is placed.
The prices indicated on the Site do not include shipping costs. Shipping costs will be indicated before the Buyer validates the order.
Prices include the French value added tax (VAT) applicable on the day of the order, and any change in the applicable rate will be automatically reflected in the price of the products sold by TEOXANE FRANCE on its Site.
3.2 Product characteristics
In accordance with Article L.121-19 of the French Consumer Code, the Buyer may, prior to placing an order, consult on the TEOXANE FRANCE Site the essential characteristics of the product(s) they wish to order.
The Buyer may select one or more products from the various categories offered on the TEOXANE FRANCE Site.
The offers presented by TEOXANE FRANCE are valid while stocks last. In the event that a product ordered by the Buyer subsequently proves to be unavailable, TEOXANE FRANCE will inform the Buyer as soon as possible. If all the products in the order are unavailable, the order will be automatically cancelled and the Buyer's bank account will be credited no later than 30 (thirty) days following validation of the order. If only some products are unavailable, the Buyer may choose to replace them with other products of the same price, to maintain the order without the missing products, or to cancel all or part of the order.
TEOXANE FRANCE may modify the range of products offered for sale on its site at any time without notice.
3.3 Order
Validation of the order by the Buyer constitutes full and complete acceptance of these General Terms and Conditions of Sale.
Before validating the order, the Buyer has the opportunity to check the details of the order and its total price and may, where necessary, modify the order before confirming it. Once the Buyer confirms the order by clicking on the "Validate" icon, they are deemed to have knowingly accepted the prices, volumes and quantities of the products they have ordered.
Once validated by the Buyer, the order will be confirmed by TEOXANE FRANCE by email. The order will only be considered final once TEOXANE FRANCE has sent this order confirmation to the Buyer and has received payment of the full price.
TEOXANE FRANCE recommends that the Buyer keep the order confirmation.
Unless proven otherwise, the data recorded by TEOXANE FRANCE constitute proof of the order placed by the Buyer.
3.4 Promotional offers, discounts and rebates
Promotional offers are only valid for the period of validity of the offer concerned. Promotional offers and other discounts cannot be combined and are valid only once per Buyer and while quantities last.
Article 4 – Payment
Payment must be made by the Buyer when placing the order online. At no time may the sums paid be considered as deposits or down payments.
All orders are payable in euros, including all mandatory taxes and contributions.
To pay for an order on the TEOXANE FRANCE Site, the Buyer may use the following payment methods: Carte Bleue, Mastercard, Visa and PayPal.
Vouchers obtained in store are not valid on the TEOXANE FRANCE Site.
When validating the order, the Buyer guarantees to TEOXANE FRANCE that they hold the necessary authorisations to use the payment method chosen to pay for the order.
TEOXANE FRANCE reserves the right to suspend or cancel the execution of any order and/or delivery, whatever its nature and stage of execution, in the event of total or partial non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the TEOXANE FRANCE Site.
TEOXANE FRANCE reserves the right to request a photocopy of the Buyer's identity card and/or, where applicable, of the bank card (front side only) for any payment by bank card.
As part of the fight against internet fraud, information relating to any order may be transmitted to any third party authorised by law or designated by TEOXANE FRANCE for the sole purpose of verifying the Buyer's identity, the validity of the order, the payment method used and the intended delivery.
To ensure the security of payment by bank card, the Buyer must provide the online payment provider chosen by TEOXANE FRANCE with the card verification value (CVV) shown on the back of the bank card used by the Buyer.
Transactions carried out on the TEOXANE FRANCE Site are secured by the 3D Secure system.
Article 5 – Delivery and receipt
5.1 Delivery conditions
5.1.1 General rules
Products that are the subject of a final order will be delivered to the delivery address indicated by the Buyer. When placing the order, the Buyer must provide a valid address corresponding to their home, that of a relative, their workplace or a personal post office box. No claim will be accepted by TEOXANE FRANCE if the address provided is incomplete or incorrect.
Accordingly, if a parcel is returned to TEOXANE FRANCE by the carrier due to an incorrect or incomplete delivery address, the Buyer may choose either to pay the delivery costs again for the order to be resent, or to be refunded for the order after deduction of the shipping costs.
Purchase invoices are sent by email to the address provided by the Buyer when registering on the TEOXANE FRANCE Site and are enclosed with the parcel.
Products are shipped by La Poste's Colissimo Expert service, under the conditions set out below.
The Buyer or the recipient of the ordered products must check the apparent condition of the products upon delivery.
In the event of an apparent anomaly (damage, product missing compared with the delivery note, damaged or broken parcel or product, etc.), the Buyer or the recipient of the ordered products must immediately inform TEOXANE FRANCE via the Contact Us - Customer Service section of the Site, describing the damage or shortcomings observed as precisely as possible. Damaged products must be returned to TEOXANE FRANCE in accordance with the procedure described in Article 7.1 below.
5.1.2 Characteristics of La Poste's "Colissimo Expert" delivery
Upon delivery, a delivery slip or acknowledgement of receipt must be signed by the Buyer or the recipient of the ordered products. In case of absence, the Buyer or the recipient of the order will receive a delivery notice enabling them to collect the ordered products from the nearest Post Office indicated on the notice, within a period of 15 (fifteen) days.
5.2 Delivery times
For any order confirmed on the TEOXANE FRANCE Site from Monday to Friday (excluding public holidays) before 12 noon, the order will be prepared on the same day, while stocks last.
The delivery time following validation of your order is 7 working days or less.
If this time limit is exceeded and this is not due to force majeure, the Buyer may cancel the order by registered letter with acknowledgement of receipt sent to TEOXANE FRANCE – Customer Service – 25, boulevard Malesherbes – 75008 Paris, or via the Contact section of the Site. TEOXANE FRANCE will then carry out an investigation with the carrier concerned before refunding the ordered products that were not delivered. The Buyer may exercise this right to cancel the order for failure to deliver within the contractual time limit within a maximum period of 60 (sixty) working days from the date on which the maximum delivery time indicated for the products was exceeded. All sums paid by the Buyer will then be returned if the entire order is returned, in the form of a credit note or a refund, at the Buyer's choice, as soon as possible and no later than 30 (thirty) days following the date on which the Buyer exercised their right to cancel the order.
Article 6 – Right and period of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the French Consumer Code, the Buyer has a period of 14 (fourteen) days from the day of receipt of the order by them or by the recipient of the order to exercise their right of withdrawal, without having to give reasons or pay penalties, with the exception of return costs, which remain payable by the Buyer.
To exercise the right of withdrawal, the Buyer must notify TEOXANE FRANCE of their decision to withdraw from the order by completing the form that can be downloaded from the Contact Us section and the Terms and Conditions of Sale section of the Site.
Upon receipt of the withdrawal request, TEOXANE FRANCE will send the Buyer an acknowledgement of receipt stating the order number and containing a return number as well as the return procedure for the parcel. It is recommended that this return number be printed and stuck on the parcel to enable faster processing of the request.
We will send you an acknowledgement of receipt containing a return number and specifying the return procedure for your parcel. We recommend that you print this return number and stick it on the parcel to enable faster processing of your request.
Article 7 – Return of products
7.1 Return in the event of non-conformity or hidden defect
If one or more of the products delivered do not comply with the order, or are damaged or defective, the Buyer is invited to contact TEOXANE FRANCE Customer Service via the Contact Us section of the Site.
At the Buyer's choice, TEOXANE FRANCE then undertakes to:
- Either replace the product(s) with identical product(s), subject to stock availability;
- Or refund the full price of the returned product(s).
The Buyer may obtain a prepaid return slip by submitting a request via the Contact section of the Site. Products must be returned to TEOXANE FRANCE in their original condition (packaging, accessories, leaflet, etc.) and must not have been opened or used.
In the case of an exchange, the new product(s) will be sent to the Buyer at TEOXANE FRANCE's expense as soon as possible and no later than 30 (thirty) days following receipt of the returned products by TEOXANE FRANCE.
In the case of a refund, this will be made by any means of payment as soon as possible and no later than 30 (thirty) days following receipt of the returned products by TEOXANE FRANCE.
7.2 Return when exercising the right of withdrawal
When exercising the right of withdrawal, the Buyer must return the delivered products to TEOXANE FRANCE no later than 14 (fourteen) days following notification of their decision to withdraw. Products must be returned in their original condition (packaging, accessories, leaflet, etc.) and must not have been opened or used.
Products must be sent by registered parcel with acknowledgement of receipt to the following address:
TEOXANE FRANCE
Customer Service - E-shop Returns
25, boulevard Malesherbes
75008 PARIS
FRANCE
For faster processing of the request, the Buyer should indicate the order number on the parcel.
The postage costs for the return parcel remain payable by the Buyer.
TEOXANE FRANCE does not accept parcels sent carriage forward. All risks related to the return of the product are borne by the Buyer.
In the event of an exchange of product(s), the costs related to a new delivery of products will be borne by the Buyer.
In the case of a credit note, this will be sent to the Buyer by email as soon as possible and no later than 30 (thirty) days following the exercise of the right of withdrawal, provided that the product(s) have been returned to TEOXANE France.
In the case of a refund, this will be made using the same means of payment as that used by the Buyer and will take place no later than 14 (fourteen) days following the date on which the Buyer informed TEOXANE FRANCE of their decision to withdraw, provided that the product(s) have been returned to TEOXANE FRANCE.
Article 8 – Retention of title
TEOXANE FRANCE retains full ownership of the products sold until full payment of the entire price has been received, including principal, costs, taxes and mandatory contributions.
Article 9 – Warranties
In accordance with Article L. 211-15, paragraph 4 of the French Consumer Code, TEOXANE FRANCE is bound by the legal guarantee of conformity referred to in Articles L. 211-4 to L. 211-13 of the French Consumer Code and by the guarantee relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code.
However, TEOXANE FRANCE cannot be held liable under the obligations set out in these General Terms and Conditions of Sale in the event of force majeure as defined by the French courts, that is to say an external, irresistible and unforeseeable event.
TEOXANE FRANCE cannot under any circumstances be held liable for damage of any kind, whether material or immaterial, indirect or bodily, which may result from improper use of the products by the Buyer, contrary to customary practice, the usual rules of caution and the information leaflets provided.
In accordance with Article L. 211-15, paragraph 4 of the French Consumer Code, Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below.
Art. L. 221-4 of the French Consumer Code:
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility."
Art. L. 221-5 of the French Consumer Code:
"To conform to the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller."
Art. L. 221-12 of the French Consumer Code:
"Any action resulting from a lack of conformity is time-barred two years after delivery of the goods."
Art. 1641 of the French Civil Code:
"The seller is bound by a warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them."
Art. 1648, para. 1 of the French Civil Code:
"Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Article 10 – Partial invalidity
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 11 – Non-waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.
Article 12 – Applicable law and jurisdiction
Sales of products by TEOXANE FRANCE are governed by French law. Any dispute relating to the existence, interpretation, performance or termination of the sales contract concluded between TEOXANE FRANCE and the Buyer shall be subject exclusively to the French courts.
Article 13 – Customer Service and Complaints
TEOXANE FRANCE provides the Buyer or the recipient of the products with a Customer Service for any information or complaint. Any question or complaint may be sent by post to TEOXANE FRANCE – E-shop Customer Service – 25, boulevard Malesherbes – 75008 Paris, or via the Contact section of the Site.
TEOXANE FRANCE undertakes to do its utmost to respond to the Buyer as quickly as possible.