GENERAL CONDITIONS OF USE AND SALE
1. PREAMBLE These general conditions of use and sale (the “CGUV”) constitute the basis of the contractual relationship between the customer and BeautyByMe, a simplified joint-stock company registered with RCS no. 837498377 Chartres whose head office is located 5bis avenue Marcel Proust - CS80062 - 28008 CHARTRES CEDEX France, (hereinafter “BeautyMix”) and are systematically sent or delivered to each customer (hereinafter the “Customer”) to allow them to place orders for products sold by BeautyMix. The CGUV are present on the website published by BeautyMix, namely: www.beautymix.fr (the "Site") and on the mobile application available on the iOs and Android platforms (the "Mobile Application"). BeautyMix is the complete solution (ingredients + recipes + robot) that makes home cosmetics accessible to everyone. The CGUV are opposable to the Customer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order. By accepting the CGUV, the Customer expressly waives the right to invoke any general conditions of purchase. BeautyMix reserves the right to modify its T&Cs. They will then be applicable as soon as they are posted on the Site. The nullity of a contractual clause does not entail the nullity of the CGUV. The temporary or permanent non-application of one or more clauses of the CGUV by BeautyMix does not constitute a waiver on its part of the other clauses of the CGUV which continue to produce their effects. The Site and the Mobile Application are accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by BeautyMix or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure or updating of the Site. BeautyMix cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site and/or the Mobile Application.BeautyMix does not guarantee that the Site and/or the Mobile Application will be free from anomalies, errors or bugs, nor that the Site and/or the Mobile Application will operate without failure or interruption. BeautyMix may in this respect determine freely and at its sole discretion any period of unavailability of the Site and/or the Mobile Application or its content. BeautyMix can also not be held responsible for problems with data transmission, connection or unavailability of the network. BeautyMix reserves the right to modify the Site and/or the Mobile Application, to develop them and to modify and develop their services, without acceptance by the Client or the users of the site.
2. PRODUCTS AND PRICES The products are those sold by BeautyMix, on the Site and the Mobile Application and are intended for individuals (the “Products”).
The Products The Products are described as accurately as possible and BeautyMix undertakes to do its best to provide an illustrative photo for each Product. For household appliances, a description will contain in particular its dimensions and its user manual will be provided when ordering. The Customer acknowledges that these household appliances are intended for domestic use inside his home, they were not intended to be used for commercial or professional purposes. The devices are not intended for use by people (including children) whose physical, sensory or mental capacities are reduced, unless they have been able to benefit, through a person responsible for their safety, from supervision or prior instructions concerning the use of household appliances sold by BeautyMix. For cosmetic ingredients, a description will contain in particular the composition of the Product and its packaging. The Customer must be aware of the precautions for use before using the Products and comply with them. BeautyMix cannot beheld liable for damages caused by failure to observe precautions for use, hygiene and safety when using its Products. The Customer acknowledges that the marketing of cosmetics is subject to strict legal regulations. BeautyMix cannot be held responsible for the use of its Products for the manufacture of a cosmetic product which would be put on sale in France or abroad. The Customer acknowledges having to scrupulously respect the time and methods of conservation of the preparations indicated on the recipes offered by BeautyMix. A visual description of the Product via the photograph which would prove to be non-compliant cannot in any way engage the responsibility of BeautyMix, which the Customer expressly acknowledges. The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the Products appearing in the electronic catalog, in euros all taxes included and are calculated net, without discount. The selling price of the Product is that in force on the day of the order. The Products are marketed and delivered within the limits of available stocks. BeautyMix cannot be held responsible for the cancellation of an order for a Product due to the exhaustion of stocks.
3. ORDER, DELIVERY AND PAYMENT Orders can only be made from the BeautyMix Website and Mobile Application. The Customer may choose the Products he wishes to order by adding them to his basket. In order to be able to order, the Customer will have the possibility of identifying himself on the Site or ordering as a guest.
Prior identification In order to place an Order, as this term is defined below, the Customer has the option of identifying himself on the Site by entering his email address, name, password and date of birth. When creating his account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, BeautyMix cannot be held responsible for the impossibility of delivering the Products. A confirmation email will be sent to the customer, in order to confirm the creation of his Customer account. BeautyMix may delete Customer's account at any time, for any reason, in its sole discretion. The Customer will be able to find his orders in progress as well as his invoices within his online space.
Procedure After having added the desired Products to his basket, after identification if he wishes, and information of the billing and delivery addresses, the Customer must accept the CGUV. After acceptance of the CGUV, the Customer may proceed to the payment of his Order via a service providersecure payment. The delivery and transport costs if applicable, in particular for foreign countries, will be mentioned before the validation of the order and invoiced in addition. The total amount due or paid by the Customer is indicated on the order confirmation page. Any tax, fee, duty or other service to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the Customer. BeautyMix reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
Payment of the Order Payment is due when the Order is placed. Payment is made in euros. The Order will be subject to payment by credit card. The credit cards that are accepted are: Mastercard, CB, Visa. The price of the Order will be debited when ordering the Products. In the event of non-payment, the sale will be terminated automatically if BeautyMix sees fit, who may request, in summary proceedings, the return of the Products, without prejudice to any other damages. Before clicking on the "Proceed to payment" button, the Customer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order. The confirmation of the Order entails acceptance of the CGUV and forms the contract. Acceptance of the offer by the Customer is validated, in accordance with the click process, byconfirmation of the Order. Any modification of the order by the Customer after confirmation of his order is subject to acceptance by BeautyMix. BeautyMix reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for customers who are consumers. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code. These communications, purchase orders and invoices can be produced as proof of the contract. The site is equipped with an online payment security system allowing the Customer to encrypt the transmission of his bank details, via Stripe or another secure payment provider. BeautyMix remains the owner of the products sold until full payment of the price and the Customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the proper conservation of the products. An invoice will be established by BeautyMix and communicated to the Customer by email to the email address provided when placing the Order or via its online customer area. Delivery Delivery means the transfer to the Customer of physical possession or control of the goods. Delivery is made in accordance with the Order by delivering the Product to the Customer at the postal address indicated by the latter in the context of the Order, after payment. The terms of thedelivery may change depending on the Order and will always be indicated, as well as the related price, if applicable, before the validation of the said Order. Delivery times are indicated as exactly as possible, but are based on the supply and transport possibilities of BeautyMix or its carrier. BeautyMix cannot be held liable when the delay in delivery is due to a case of force majeure.
The Customer undertakes to verify the conformity of his order upon receipt. The Customer is required to check the condition of the packaging upon receipt. The Customer must include precise and reasoned reservations (detailed description of the damage) on the carrier's receipt. If it is impossible to make the delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the collection point, no reshipment can be made and the Customer will be refunded within fourteen (14) days from receipt of the Order by BeautyMix. If the delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, BeautyMix cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by BeautyMix being possible to the exclusion of any other form of compensation. BeautyMix will send an Order confirmation email toCustomer at the email address provided. BeautyMix reserves the right to block the Order in the event that a problem such as a payment default, an invalid email address or a difficulty is detected. In case of unavailability of a Product subject to the Order, BeautyMix will inform the Customer by email. In case of unavailability or delay of a Product, the Customer will have the choice either:
- to accept that the Order be maintained. BeautyMix will communicate an approximate delivery date to the Customer. This delay in delivery will not entitle the Customer to any compensation.
- to cancel the Order. The Order will then be canceled and will be reimbursed by BeautyMix. BeautyMix is not intended to sell its Products in large quantities or to professionals.
4. RETURN OF PRODUCTS Refund The Customer has a right of withdrawal on the Order for a period of fourteen (14) calendar days from the date of receipt of the Product ordered. During this period, the Customer may return the Products undamaged, packaged and with original labels, without having to justify reasons or pay a penalty. The Products must be returned intact and complete and must not have been opened or used. All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, including in particular any products personalized for the benefit of the Customer, likely to deteriorate or expire rapidly, or beauty products (cosmetic and make-up products) unsealed after delivery for reasons of hygiene or health protection. The Products are returned at the Customer's expense. BeautyMix undertakes to reimburse the Customer for all sums paid to him upon receipt of the returned Product and upon finding that the latter is in new condition. The refund will be made via the payment method used when placing the Order. The return of the Products is the responsibility of the Customer and is at his risk. Reimbursement of an order paid for with a gift card will be automatically refunded as credit. In all cases, the return costs are borne by BeautyMix if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
Particular caseof a non-compliant Product In the event that the Product delivered does not comply (Product error, defective, damaged or incomplete Product), the Customer may make any written reservations no later than three (3) calendar days following receipt of the Package from the carrier and/or BeautyMix by email to the following address: firstname.lastname@example.org or via the contact form by selecting "Customer Service" as the subject. A refund or exchange, if the Product is still available, may be made for any non-compliant Product for which the Customer has validly made reservations within the specified period. Outside this period, the legal guarantee of conformity as provided for by articles L. 217-1 and following of the Consumer Code will apply. The non-compliant Product will then be replaced or repaired according to the cost methods provided for by the Consumer Code.
5. PERSONAL DATA BeautyMix understands that the protection of data and privacy is an issue for all Internet users visiting the Site. BeautyMix undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, ie data likely to identify you directly or indirectly as a person. As part of the Order, BeautyMix aims to collect the Customer's personal data. BeautyMix is committed to protecting Customers' personal data. BeautyMix does not communicate or trade Customers' personal data. At the Order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the Orders. The data is kept in a secure computer file. The personal data collected by BeautyMix is intended to enable the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the general data protection regulations (RGPD), subject to proving your identity, any Customer, regardless of his nationality, has a right to access, modify and delete his data atpersonal character by contacting BeautyMix via email@example.com or at the postal address BeautyMix - 5bis avenue Marcel Proust - CS80062 - 28008 CHARTRES CEDEX France. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him. For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, BeautyMix has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: firstname.lastname@example.org or at the postal address BeautyMix - 5bis avenue Marcel Proust - CS80062 - 28008 CHARTRES CEDEX France. In any case, any Customer has the right to make any complaint to the CNIL. In addition, BeautyMix does not keep the bank details of its Customers.
6. RESPONSIBILITY BeautyMix cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure. In the event of the occurrence of an event of force majeure preventing the execution of these GTCUS, BeautyMix shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by any written means. Are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil disturbance, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, modifications legal or regulatory forms of marketing, computer failure, blocking of telecommunications, and any other case beyond the control of BeautyMix and/or the Client preventing the normal execution of the contractual relationship.
All the obligations of BeautyMix and the Customer are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of BeautyMix or the Client without compensation on either side.
7. GUARANTEES The Customer benefits from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the legal provisions in force of articles L.211-1 to L.212-2 of the Consumer Code and articles 1641 to 1649 of the Civil Code. Thus the Customer:
- benefits from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
- can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the consumer code.
In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use. The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code. In order to implement these warranties, the Product must bereturned, in its original condition, new, unworn, in its original packaging and with original labels, unwashed, with the references of the initial Order and a copy of the complaint to BeautyMix's head office, after sending an e-mail indicating the reason for the return of the Product. The following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers 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 any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Art. L217-5 of the Consumer Code: "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller andwhich he accepted. »
Art. L217-7 of the Consumer Code: “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. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. »
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them. »
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing andhave the price refunded, or to keep the thing and have part of the price refunded. »
Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”
8. MANAGEMENT OF WASTE FROM ELECTRICAL AND ELECTRONIC EQUIPMENT Electrical and electronic equipment must not be thrown in the trash or in selective sorting bins in order to limit the dispersion of substances contained in certain devices. The Customer has the option of contacting BeautyMix by email: email@example.com or at the postal address BeautyMix - 5bis avenue Marcel Proust - CS80062 - 28008 CHARTRES CEDEX France, if he wants BeautyMix to take back his old device. BeautyMix may refuse to take back a device if it presents a health and safety risk. You can also drop off your electrical or electronic equipment at a recycling center listed on the following site: https://www.eco-systemes.fr.
9. INTELLECTUAL PROPERTY All elements of the Site, and in particular all graphic elements, videos, photos or texts, are the exclusive property of BeautyMix. The Customer and/or the user is strictly prohibited from carrying out any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Site. Any reproduction is subject to the express and prior agreement of BeautyMix and in the event of sharing on social networks or any other medium, the user and/or the Customer must mention BeautyMix. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author. Consequently, the Customer and/or the user refrains from any action and any act likely to directly or indirectly infringe the intellectual property rights of BeautyMix. The Customer and/or the user expressly and free of charge assigns to BeautyMix all intellectual property rights relating to the user content (means the data transmitted by the user and/or the Customer in the context of the use of the Site and/or the Mobile Application) and in particular the right of reproduction, representation and adaptation, for the legal duration of copyright protection.
10. RECIPES PROPOSED BY BEAUTYMIX – USER CONTENT The user and/or the Client is prohibited from reproducing the recipes offered by BeautyMix or by its users and from making commercial use of them. The user, by proposing his recipe to BeautyMix, guarantees that to his knowledge, this recipe does not come from a book or a collection of recipes, he authorizes BeautyMix to distribute this recipe on the Site and/or the Mobile Application and to distribute, publish and reproduce it on any medium. The user is solely responsible for the user content that he puts online on the Site and/or the Mobile Application, as well as for the texts and/or opinions that he formulates. He undertakes that this data is not likely to harm the legitimate interests of third parties, whatever they may be. The user agrees not to use the Site or the Mobile Application to upload, send, transmit by e-mail or in any other way any content that is illegal, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable. As part of his contribution to the content of the Site or the Mobile Application, by means of texts, images or comments, the user is required to comply with the legal and regulatory provisions in force. In the event of non-compliance with the CGUV by a user, BeautyMix reserves the right to delete any opinion, any recipe or user content or which would be the subject of a report by a third party. BeautyMix does not guarantee the results of the recipes/preparations published on the Site.and/or the Mobile Application. BeautyMix cannot be held liable in the event of an error or omission in one of its preparations or in the recipes offered by users.
11. JURISDICTION – DISPUTE – LANGUAGE OF THE CGUV All the contractual provisions defined above are governed by French law. All disputes relating to the CGUV fall under the exclusive jurisdiction of the French courts. It is also recalled that any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, BeautyMix guarantees the Customer the effective use of a consumer mediation system. As such, BeautyMix invites the Customer to contact him to propose any amicable settlement of any conflict and any competent mediator for the purposes of mediation between them.
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or warranty claims, and regardless of the mode and terms of payment, without any clauses conferring jurisdiction that may exist on the Clients' documents being able to prevent the application of this clause.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a device formediation of consumption. The chosen mediation entity is: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond
The Customer has a right of withdrawal on the Order for a period of fourteen (14) calendar days from the date of receipt of the Product ordered. During this period, the Customer may return the Products unopened and unused, without having to justify reasons or pay a penalty.
The Products must be returned intact and complete and must not have been opened or used. All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, including in particular any products personalized for the benefit of the Customer, likely to deteriorate or expire rapidly, or beauty products (cosmetic and make-up products) unsealed after delivery for reasons of hygiene or health protection.
The Products are returned at the Customer's expense. BeautyMix undertakes to reimburse the Customer for all sums paid to him upon receipt of the returned Product and upon finding that the latter is in new condition. The refund will be made via the payment method used when placing the Order.
The Customer must exercise his right of withdrawal:
either by duly completing the withdrawal form proposed below and returning it by post to the attention: BeautyMix Return Service
53 Avenue Carnot
69250, Neuville-sur-Saône, France
- either by contacting customer service by email at firstname.lastname@example.org or via the contact form available on the site by selecting “Customer Service” as the subject.
Returns will only be accepted if the product return procedure is respected by the Customer.
53 Avenue Carnot
69250, Neuville-sur-Saône, France
I hereby notify you of my withdrawal from the contract relating to the sale of the product(s) mentioned below:
Order number :
Client name :
Client's signature :