General sales conditions

1) APPLICATION OF THE GENERAL CONDITIONS OF SALE

These GCS are concluded between the buyer, non-commercial natural person, Internet user or not, adult and capable, hereinafter referred to as “the customer” and SARL 123BEAUTE, hereinafter referred to as ” the seller”, in their contractual relationship. Any customer necessarily becomes a buyer after contracting with the seller. Contractual relations concern all orders placed with the seller, on its website www.phytoequilibre.fr, by post to the address given in the preamble or by telephone, from the validation of the order to its delivery. These T&Cs apply exclusively to the contractual relationship described above. Legal persons or natural persons acting on behalf of their commercial, industrial, craft or liberal activity are not affected by these GCS.

2) OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE

The T&Cs are available to the customer, 7 days a week, 24 hours a day, on the website www.phytoequilibre.fr. The paper order forms which cannot reproduce them, mention them. The validation of any order by means of payment implies unreserved, free and informed acceptance by the customer of the GCS.

The seller reserves the right to modify its GCS, in this case the applicable conditions are those on the date in force on the date the order is placed by the customer. Any modification is applicable as soon as it is put online. Any contrary condition opposed by the customer will be, in the absence of express and written acceptance by SARL 123BEAUTE, unenforceable against the latter. Moreover, it can never be presumed that the seller has waived the right to avail himself of his GCS.

3) PRODUCTS OFFERED FOR SALE

The products governed by these GCS are those which appear on the site www.phytoequilibre.fr or any other advertising document, property of SARL 123BEAUTE. The products we offer are described and presented with the greatest possible accuracy. Despite all our precautions, inaccuracies, inaccuracies or omissions may occur. However, SARL 123BEAUTE cannot be held responsible for such inaccuracies, imprecisions or omissions concerning the information available. The dosages indicated are for information only and may vary depending on the harvest of one product identical to another.

Product photographs are not contractual.

The products are offered within the limits of available stocks. The products of SARL 123BEAUTE depend on the harvest of raw materials, climatic and weather conditions and harvest deliveries, so that the seller cannot permanently guarantee sufficient supplies of the items offered for sale. If by the extraordinary, an item ordered is unavailable or sold out when the order is registered, the seller undertakes to make every effort to satisfy its customer. At the customer’s choice: Maintain the order and postpone the shipment of the package for a few days or if the unavailability is longer, SARL 123BEAUTE offers to ship a first package with the available products and will ship a second package at its own expense to the other products unavailable on the date of validation of the order. -Replace the missing product with an equivalent product. -Choose a credit note or a refund.

4) PRICE

The prices of the products are indicated in Euros, all French taxes included. They take into account the VAT in force and any reductions applicable on the day of the order. The prices of the products are exclusive of delivery costs, according to the amounts in force applied by the seller. The seller reserves the right to modify its prices at any time. However, a price can never be modified once the customer’s order has been validated. For the amount of delivery costs refer to point 7.

5) REGISTRATION AND VALIDATION OF THE ORDER

5.1) Order on paper order form The customer freely informs on the order form the desired products in their quantity and calculates the total price himself according to the quantity chosen. The customer fills in the information on his means of payment. A purchase order can only be valid if all the information requested is duly completed.

5.2) Order by electronic purchase order from the website The Internet user freely adds or deletes from his “basket” the desired products. at any time, the customer can have access to a detail summarizing the contents of his “basket”. If this summary corresponds to the desired products, the customer freely validates his order on the tab assigned for this purpose. Any order can only be validly registered if the customer has previously identified himself or if he has duly completed the electronic contact form. Once the basket has been validated, the customer must accept the T&Cs of which he is deemed to have read beforehand, choose the address and the delivery method, and finally validate the payment method. In accordance with the provisions of the law of March 13, 2000 n° 2000-230, the final validation of the order is worth proof of the entirety of the latter and makes payable the sum committed by the seizure of the articles mentioned on the order form. The validation “click” constitutes an electronic signature within the meaning of article 1316-4 and following of the Civil Code, which has the same probative value as a handwritten signature.

5.3) Order by telephone The customer can place an order by telephone whether he is already a customer or not. Payment is made by credit card or by sending a check. The payment of the order is worth validation of the latter.

5.4) For all orders The customer accepts that his order, by paying the price, entails his unreserved acceptance of these GCS. Similarly, any order implies acceptance by the buyer of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of the guarantees mentioned in provisions 9 hereof. SARL 123BEAUTE will confirm the order by sending an e-mail, if the e-mail address of the latter has been entered correctly, summarizing all the material conditions and the content of the order (means of payment, delivery, products ordered, etc.). However, this e-mail only confirms that the customer’s order has been taken into account by the seller and in no way prejudges the availability of the product(s) ordered. In case of unavailability of a product ordered over a period of more than 3 weeks, SARL 123BEAUTE contacts the customer and any cancellation and replacement, credit note or refund of said product will then be made in accordance with article 3 hereof, the rest of the order remaining firm and definitive.

In certain cases, in particular non-payment, incorrect address or any other difficulty of any nature whatsoever, SARL 123BEAUTE reserves the right to block the order said customer until the problem is resolved, or to cancel the order.

6) PAYMENT TERMS

For all orders (site, mail and telephone), the customer is contractually committed to payment and has the choice of paying for his purchases:

By bank card with the secure SystemPay solution from the partner site SRIPE and LCL BANQUE, by filling in the mandatory information.
By check payable to SARL 123BEAUTE with endorsement upon receipt.
By transfer. Your order will be processed upon receipt of the transfer. SARL 123BEAUTE will only process the order upon receipt of full payment. Failing receipt of payment within the month following the date of the order, SARL 123BEAUTE is contractually disengaged and the order declared null and void, without any written notification. The customer is presumed to be authorized to use the payment card entered or the signed check and declares to have sufficient pecuniary funds to cover the payment of the order. The customer is informed that all the banking information entered is encrypted due to the use of the protected system S.S.L. (Let`s Encrypt).

7) DELIVERY: lump sum participation and deadlines

7.1) Terms of delivery: The seller sends the packages, at the customer’s choice:

by “Colissimo” by a postal delivery service for internet, mail and telephone orders.
by “Chronopost” for express dispatch of your parcel and tracking of parcel delivery at each stage and geolocating it.
by “Mondial Relay” by a delivery service in relay points reserved for electronic orders and by telephone.
In the event of non-compliance with the postal deadline, the SARL 123BEAUTE cannot be held responsible and as well as in the event of force majeure, disruption, total or partial strike in particular of the postal services and means of transport and/or communication. No claim for compensation, of whatever nature, may be claimed by the customer from SARL 123BEAUTE for the shipment. The merchandise travels at the risk and peril of the recipient. The customer is required to check the condition of the package upon receipt and in this case make reservations to Customer Service.

7.2) Estimated delivery times: The delivery times for the said services are not guaranteed by the seller. Parcels will be taken care of by Colissimo the same day of your order, if the latter is validated before 12 p.m. (noon), excluding weekends and public holidays.

8) TRANSFER OF OWNERSHIP AND RISKS

8.1) Transfer of ownership: The products remain the property of the seller until full payment of the price. In other words, the ownership of the products is transferred to the buyer upon payment of the price.

8.2) Transfer of risk: The divestiture of the products by the seller during shipment, either by depositing the package with the postal services, or by taking over the products by the service delivery to individuals, transfer of risk to the benefit of the buyer.

h3>9) WARRANTY

All products offered for sale by SARL 123BEAUTE benefit from the legal guarantee of conformity codified in articles L 217-4 and following of the Consumer Code allowing the replacement or reimbursement of the product , as well as the guarantee against hidden defects provided for in articles 1641 and following of the Civil Code giving the right to rescind the sale or reduce the price. Upon receipt, the buyer is required to check the condition of the packaging and the conformity of the delivered product. Any complaint must imperatively be justified by all documents attesting to the reality of the anomalies so that SARL 123BEAUTE can carry out the useful checks and provide the most appropriate responses. No product can be exchanged before having been forwarded and received by SARL 123BEAUTE in good condition and in its original packaging. In the event of hidden defects subsequently detected, the customer is required to inform SARL 123BEAUTE according to the methods and contact details mentioned above.

10) LIABILITY

The seller cannot be held liable in the event that the non-performance of its obligations is attributable to a case of force majeure as defined by French case law. Similarly, the seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses. In the event of damage during the shipment of the order, it is up to the customer, within a short time following receipt of the products, to bring the related complaint to the attention of SARL 123BEAUTE. The fault of the customer in the non-delivery of the package or the impossibility of delivering the package within normal deadlines cannot be attributed to SARL 123BEAUTE (error in the address entered, prolonged absence, etc.).

11) INTELLECTUAL PROPERTY

All the trademarks mentioned and all the distinctive elements of the www.phytoequilibre.fr site and the order form, whether visual, figurative or sound, are protected by copyright, trademarks or patents under the exclusive property of SARL 123BEAUTE. Similarly, the designs, models, logos, photographs, images, illustrations, slogans, videos and illustrations appearing on the said site are the exclusive property of SARL 123BEAUTE. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive signs protected by copyright. They cannot therefore be reproduced, represented or used under penalty of infringement. Similarly, no document or verbal sign from the aforementioned site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever. The creation of hypertext links to the www.phytoequilibre.fr and www.phythoequilibre.com sites is prohibited without the express written authorization of SARL 123BEAUTE, legally represented.

12) CUSTOMER SERVICE

The buyer can contact SARL 123BEAUTE customer service for any questions or information, either by e-mail at web@phytoequilibre.fr or by telephone on 06 16 72 36 77 or by post. 123BEAUTE, 34 Avenue de Champs Elysees 75008 Paris.

13) WITHDRAWAL

13.1) Notification to SARL 123BEAUTE of the withdrawal decision: In accordance with the provisions of Article L 221-18 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal from the day after receipt of the products. Accordingly, the customer may decide to return any product for exchange or refund. If this period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the first following working day. No reason must be provided by the client. No penalty to be paid can be charged to the retracting customer. To exercise his right of withdrawal, the customer can write by post or e-mail to SARL 123BEAUTE.

13.2) Limit to the right of withdrawal: The right of withdrawal cannot apply to deteriorating or perishable products and to products that have been opened, partially or completely consumed, annotated, labeled or not not being in perfect condition for resale. The right of withdrawal is only valid for deliveries in France and Europe.

13.3) Modalities for exercising the right of withdrawal (return of products): In the event of exercise of the right of withdrawal, the customer must return at his own expense, within fourteen (14) days following the communication of its withdrawal, the products with a copy of the order or the invoice, to the address referred to in the preamble. The products must be intact, complete and packaged in their original packaging. In accordance with the transfer of ownership and risks mentioned above in 8 hereof, the risks associated with the return of the product, whatever the cause, are the responsibility of the customer. If the package is lost or damaged by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by SARL 123BEAUTE.

13.4) Reimbursement of products subject to withdrawal: The exercise of the right of withdrawal entails reimbursement of the sums paid by the customer when placing the order, postage included, at the latest in 28 days from the date on which this right was exercised. SARL 123BEAUTE reserves the right to defer reimbursement until receipt of the products.

14) PARTIAL NULLITY CLAUSE

If a provision of these GCS should be declared void by virtue of the law, a regulation or a judicial decision, it will be deemed unwritten. However, the other provisions herein shall remain applicable and enforceable against the customer.

15) MEDIATION CLAUSE

In accordance with the provisions of articles L 611-1 and R 612-1 and following of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and that If he has not obtained satisfaction or a response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint. The mediator is MEDIATION-NET. It can be entered directly online at the following address: www.mediation-net-consommation.com – or by mail MEDIATION-NET – 34, rue des Épinettes – 75017 PARIS

16) APPLICABLE LAW

The language in which these GCS are written is French and they are subject to French law, regardless of the nationality of the customer and the place of validation of the order. The site and the T&Cs of SARL 123BEAUTE comply with French law, in particular law n ° 2014-344 of March 17, 2014 relating to consumption and order n ° 2015-1033 of August 20, 2015 relating to extrajudicial settlement consumer disputes, so that the seller is not responsible for compliance with any foreign legislation.

17) JURISDICTION

Any dispute in connection with the interpretation or execution of the present, falls under the exclusive jurisdiction of the French judicial order governed by the Code of Civil Procedure. Specifically, with regard to the provisions of article R 631-3 of the Consumer Code, in the event of a dispute, the customer may seize, at his choice, either one of the courts with territorial jurisdiction under the code of civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.

18) SHIPPING AND RETURNS

18.1) Shipping your package Packages are generally shipped within 2 days of receipt of payment. They are shipped via Colissimo with a tracking number and delivered without signature. Parcels can also be sent via Colissimo against signature. Please contact us before choosing this delivery method, as it incurs additional costs. Whatever delivery method you choose, we send you a link to track your package online. Shipping costs include preparation and packaging costs as well as postage. The preparation costs are fixed, while the transport costs vary according to the total weight of the package. We recommend that you consolidate all of your items into one order. We cannot combine two orders placed separately and shipping charges apply to each of them. Your package is shipped at your own risk, but special attention is paid to fragile items.

Box sizes are appropriate and your items are properly protected.

18.2) Return of your package Notification to SARL 123BEAUTE of the decision to withdraw: In accordance with the provisions of Article L 221-18 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal from the day after receipt of the products. Accordingly, the customer may decide to return any product for exchange or refund. If this period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the first following working day. No reason must be provided by the client. No penalty to be paid can be charged to the retracting customer. To exercise his right of withdrawal, the customer can write by post or e-mail to SARL 123BEAUTE.

Limitation of the right of withdrawal: The right of withdrawal cannot apply to deteriorating or perishable products and to products which have been opened, partially or wholly consumed, annotated, labeled or not in perfect condition for resale. The right of withdrawal is only valid for deliveries in France and Europe.

Terms of exercise of the right of withdrawal (return of products): In the event of exercise of the right of withdrawal, the customer must return at his own expense, within fourteen (14) days following the communication of its withdrawal, the products with a copy of the order or the invoice, to the address referred to in the preamble. The products must be intact, complete and packaged in their original packaging. In accordance with the transfer of ownership and risks (see reference 8 of the GCS), the risks associated with the return of the product, whatever the cause, are the responsibility of the customer. If the package is lost or damaged by the carrier during this shipment, the customer is solely responsible and cannot be reimbursed by SARL 123BEAUTE.

Reimbursement of products subject to withdrawal: The exercise of the right of withdrawal entails reimbursement of the sums paid by the customer when placing the order, postage included, at the latest within 28 days from the date on which this right was exercised. SARL 123BEAUTE reserves the right to defer reimbursement until receipt of the products.

Terms published on March 18, 2023. These terms may be modified at any time.

The English version is given for information only. Only the text of the French version is legally valid.