/ General Terms and Conditions
Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Article 1: SCOPE – ENFORCEABILITY
The present general terms and conditions of sale (hereinafter “General Terms and Conditions of Sale”) apply, without restriction or reservation, to all sales concluded by CELINE ESCAND SAS with a capital of 20,000 euros, whose headquarters is located at: Mas Saint Bernard – 4 Route de Maillane – 13210 Saint Rémy de Provence
, registered with the Tarascon Trade and Companies Register under number 840 333 967 00023 RCS – APE 4645Z (hereinafter “the Seller”) to any consumer (hereinafter “the Client”) wishing to purchase online the products offered for sale by the Seller on its website www.celine-escand.com (hereinafter “the Site”), including a range of beauty products, notably balms (hereinafter “Products”).
The act of ordering a Product on the Site implies full acceptance of these General Terms and Conditions of Sale, which the Client expressly acknowledges, waiving any contrary document that would be unenforceable against the Seller. These General Terms and Conditions of Sale apply to all modes of order placement offered by the Seller.
The General Terms and Conditions of Sale are accessible at any time on the Site and will prevail, if applicable, over any previous version or any contradictory document. The Client has the option to request that the General Terms and Conditions of Sale be sent to them by the Seller via email. The Client may also save, edit, or copy them, with the understanding that the saving, editing, or copying of this document is solely their responsibility, as these General Terms and Conditions of Sale may be subject to changes. In all cases, the applicable General Terms and Conditions of Sale are those in effect on the date of the Client's order.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. Modifications to the General Terms and Conditions of Sale are binding on users of the Site as of the date they are published online and apply to transactions concluded thereafter.
For the purpose of applying the General Terms and Conditions of Sale, the Client and the Seller will be referred to collectively as “the Parties” and individually as “the Party.”
Article 2: ORDER
It is the Client's responsibility to select on the Site the Products they wish to order, according to the modalities defined below.
2.1. Navigation within the Site
The Client can become acquainted with the different Products offered for sale by the Seller on its Site.
The Client can freely navigate through the various pages of the Site, without being committed to an order.
The offers of Products are understood to be within the limit of available stock, which the Client acknowledges and accepts.
2.2. Order registration.
The Client can place an order with the Seller on the Site at any time.
If the Client wishes to place an order on the Site, they may at any time:
Select each of the Products of interest by clicking on the box “Add to cart,”
After each selection of Products, a window will appear on the screen giving the Client the choice to continue selecting Products of interest; if the Client wishes to continue, they should click on “Continue shopping” or “Continue shopping,” or stop the selection and place the order, in which case they should click on “Proceed to checkout,”
Obtain a summary of their order and the details of the Products they have selected by clicking on “View cart,”
Continue their selection of Products by clicking on “Continue shopping” or “Continue shopping,”
Complete their selection of Products and order the selected Products by clicking on “Proceed to checkout.”
To register their order, the Client must identify themselves, either by entering their email address if they have already created an account, or by filling out the mandatory fields as a new client if not. In this latter case, the Client must accurately complete the form provided, which will include necessary identification information, including their last name, first name, delivery address, and billing address. They may provide a billing address different from their postal address if they wish. Furthermore, the Client must provide their chosen email address, which they will need to identify themselves later on the Site. The Client is informed and accepts that entering this identifier serves as proof of their identity and manifests their consent.
Once the Client is identified, they must validate the delivery address. An order form will appear on the screen, detailing the nature, quantity, and price of the Products selected by the Client, as well as the total amount of the order, the Client's contact details, the deadline for delivery of the Products, and the delivery address of the Products. The Client can correct any errors before confirming their order. If applicable, a new order form will be automatically issued.
The Client is obliged to verify the completeness and accuracy of the information provided to the Seller. The Seller cannot be held responsible for any input errors and their consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the Products will be charged to the Client.
2.3. Final validation of the order
After reviewing the order form, and once all requested information has been completed by the Client, they will check the acceptance box for these general terms and conditions of sale and click on “Confirm the order.” This second click constitutes an electronic signature. This signature has value between the Parties equivalent to a handwritten signature. The order form will be recorded in the Seller's computer records, which are themselves kept on a reliable and durable medium and will be considered proof of the contractual relationships between the Parties.
The Client will proceed to payment for the Products under the conditions of Article 5 of the present General Terms and Conditions of Sale.
As soon as the Client validates their payment, the order is recorded and becomes irrevocable.
2.4. Order summary
When the Client has made the payment on the Site, a summary of the Client's order will appear and will mention the transaction number. The sale will not be considered definitive until the Seller displays the order summary, which serves as an acknowledgment of receipt of the order. An email summarizing the recorded order will automatically be sent to the Client, provided that the address indicated in the identification form is error-free and valid.
2.5. General provisions
Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions.
In any event, the Seller reserves the right to refuse any order or delivery in case (i) of an existing dispute with the Client, (ii) of non-payment in whole or in part of a previous order by the Client, (iii) of refusal of card payment authorization by banking institutions. The Seller's liability cannot be engaged in this case.
2.6. Order tracking
The Client can contact the Seller’s sales department at any time to inquire about the status of their order:
By email: shop@celineescand.com
Article 3: PRODUCT AVAILABILITY
The offers of Products on the Site are valid only within the limits of available stock. Availability may vary during the same day depending on the sales levels recorded by the Seller.
In the event of Product unavailability after the Client has placed the order, the Seller undertakes to inform the Client by email within eight (8) days from the date of the order and to indicate to the Client the waiting period for receipt of the Product. If the Client wishes, they may request the cancellation of the order (refund by check or bank transfer within 30 days) or the exchange of the unavailable product for another product by contacting the Seller at the contact details indicated in article 2.6.
The Seller cannot be held responsible for non-fulfillment of the order in case of stock shortage or unavailability of the Product, so no compensation can be demanded from the Seller by the Client in case of unavailability of the ordered Product.
Article 4: PRICE
The Products are marketed at the prices in force indicated on the Site at the time of the order placement. The prices mentioned on the Site are displayed in Euros, All Taxes Included (TTC) and take into account any promotional offers. They do not include transport and delivery costs, which will be indicated before the first validation of the order by the Client. The prices take into account the French VAT applicable on the day of the order.
The Seller reserves the right to modify its prices at any time.
The price indicated on the order form issued by the Seller is the final price and includes transport and delivery costs.
Article 5: BILLING AND PAYMENT
5.1. Payment
The price of the order is payable in full, at the time of order placement by the Client, via a secure method and as indicated below. Payment is considered executed only after actual collection of the order amount by the Seller.
The Client pays for their order online:
by credit card via the Paypal platform,
by Paypal,
by check.
In case of payment by credit card, the Client is automatically switched to the Seller's bank's payment server. The bank server is secured by its electronic payment terminal to protect all data related to payment methods as effectively as possible. At no time will the Client's credit card data transit through the Seller's IT system, which cannot therefore be held liable in the case of fraudulent removal of the Client's banking data. The transaction is immediately debited from the Client's credit card after verification of the card data. If the debit of the price is impossible, the order will be automatically canceled.
The Seller implements all necessary means to ensure the security and confidentiality of data transmitted online. To this end, the Site uses a secure payment mode SSL (Secure Socket Layer) which allows for the encryption of the Client's banking details during their transmission over the network. In connection with an order verification process to ensure that no one is using another person's banking details without their knowledge, the Client may be asked to send a copy of an ID and a proof of address to the Seller by fax or email. In this case, the order will only be validated after the Seller receives and verifies the sent documents. If these documents are not received within 15 days following the placement of the order, the order will be considered canceled by right.
5.2. Billing
The order form that the Client establishes online or the order confirmation sent by email to the Client by the Seller does not constitute an invoice.
An invoice is established by the Seller and handed to the Client upon delivery of the ordered Products when the delivery address and the billing address are the same. When these two addresses are not identical, the invoice is sent directly to the billing address provided by the Client. The Seller keeps an electronic copy of each invoice.
ARTICLE 6: PACKAGING
The Products are packaged in a manner that complies with current transport standards and to ensure optimal protection of the Products. The Client must respect these same standards in case of returning Products for whatever reason. Any damage observed on a returned Product without its original packaging may result in partial reimbursement or non-reimbursement of the Product.
ARTICLE 7: DELIVERY
7.1. Delivery times
The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within thirty (30) working days from the order date. An indicative delivery time will be communicated to the Client in the order form. This indicative time may vary for which the Client will be informed by the Seller by email in case of extended delay. Any potential exceeding of the indicative time will not give rise to any compensation for the Client.
However, if the ordered Products which exceed the total value indicated in article R 114-1 of the Consumer Code are not delivered within seven (7) days after the indicative delivery date stated in the order form, for any reason other than force majeure, the transport strike, and/or postal services, the sale may be resolved at the written request of the Client or the Seller. The contract will, if applicable, be considered terminated upon receipt by the Seller of the letter wherein the Client informs them of their decision if delivery does not occur between the sending and receipt of this letter. The sums paid by the Client will then be refunded to them by check or bank transfer within a maximum of thirty (30) days, to the exclusion of any compensation or withholding.
The Products are shipped by standard postal services. In the event of a delivery delay compared to the deadlines announced by the carrier, the Client should primarily contact the carrier. The Seller cannot be held responsible in case of undue delivery delay due to postal services.
7.2. Delivery location
The products are delivered to the address indicated by the Client on the order form. The Client must verify the completeness and conformity of the information they provide to the Seller. The Seller cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for reshipping the order will be fully borne by the Client.
7.3. Package verification
The Client is required to check the condition of the delivered Products in the presence of the carrier and to make necessary reservations on the delivery slip in case of partial or total deterioration of one or several Products. In the absence of reservations, the product is deemed accepted by the Client and may not be the subject of any dispute regarding its delivery.
The Client has three (3) working days from the delivery to file a written complaint for non-compliance or apparent defect of the delivered Products, accompanied by all relevant supporting documents. Beyond the three (3) working day limit, no complaint will be accepted by the Seller.
To enforce their rights, the Client must, under penalty of forfeiture of any action related to it, inform the Seller in writing of the existence of defects in the Products in order to return them to the Seller for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition.
In case of return of the Product, the Client must comply with current transport standards. Any damage observed on the Product due to non-compliance with the current transport standards may result in partial reimbursement or non-reimbursement of the Product in case of impossibility of resale as is or in case of aggravation of the indicated technical problem.
ARTICLE 8: RETENTION OF TITLE
NOTWITHSTANDING ANY CONTRARY PROVISION, THE TRANSFER OF OWNERSHIP OF THE ORDERED PRODUCTS TO THE CLIENT WILL ONLY BE REALIZED AFTER FULL PAYMENT OF THE PRICE BY THE CLIENT.
ARTICLE 9: RIGHT OF WITHDRAWAL
In accordance with article L 221-18 of the Consumer Code, in the case of a distance contract, the Client has a withdrawal period of 14 days from the order placement in accordance with article 2 of these General Terms and Conditions of Sale.
To exercise the right of withdrawal, the Client must notify the Seller of their decision to withdraw by a declaration devoid of ambiguity, by registered letter with acknowledgment of receipt to the address indicated at the top of these conditions or by email to the following email address: [ ]. The Client may use the attached model withdrawal form if they wish.
In case of withdrawal, the Seller shall refund the Client any payment received regarding the concerned order, without undue delay and in any event within fourteen (14) clear days following the date the Seller was informed of the Client's decision to withdraw. The Seller will proceed with the refund using the same payment method as that used by the Client for the original payment, unless otherwise agreed between the Parties. This refund will not incur any costs for the Client.
ARTICLE 10: OBLIGATIONS OF THE CLIENT
The Seller reminds that unemancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by the person holding parental authority.
If applicable, the Client must use the Products in accordance with the attached instructions for use.
The Client acknowledges that they are the holder of the payment method they use to place their order.
ARTICLE 11: LIABILITY AND GUARANTEE
The Client is solely responsible for the choice of Products, their storage, and their use.
The Products supplied by the Seller benefit, in accordance with legal provisions:
From the legal guarantee of compliance,
From the guarantee against hidden defects affecting the delivered Products and rendering them unfit for consumption.
Moreover, and in any event, the legal guarantee of compliance can only be enforced if the following condition is met:
The Client is obliged to provide any justification for the reality of the defects or anomalies observed. They must give the Seller every facility to establish these defects or anomalies and remedy them.
The Seller's liability cannot be engaged if the delivered Products comply with those ordered. Any Product customized in accordance with article 2.3 may not be exchanged unless it does not comply with the customization criteria stipulated during the order by the Client and reiterated on the order form.
Any warranty is excluded in the event of improper use, negligence, or lack of maintenance by the Client, as in cases of force majeure, and the Seller's warranty is limited to replacement or reimbursement of non-compliant or defective Products.
To enforce their rights, the Client must, under penalty of forfeiture of any related action, inform the Seller in writing of the existence of defects within a maximum period of one (1) year from their discovery.
The return of the Product must be accompanied by a return number transmitted to the Client by phone or email. The exchange or refund will be processed within thirty (30) days from the receipt by the Seller of the Products returned by the Client.
The Seller will not be considered liable or in default if they prove that any delay or non-fulfillment is due to the occurrence of a case of force majeure habitually recognized by the case law, or attributable to the Client or to the unforeseeable and insurmountable fact of a third party to the contract.
In all cases, the Client is expressly informed and acknowledges that the Seller is not the producer of all Products presented on the Site. For Products not manufactured by the Seller, the Seller cannot have their liability engaged in case of defective products as per article L.1386-1 of the Civil Code.
Consequently, in the event of damage caused to a person or property by a defect in the Product, only the responsibility of the producer may be sought by the Client based on the information contained on the packaging of said product.
The Products offered comply with the current French legislation and the applicable standards in France. The Seller's liability cannot be engaged in case of non-compliance with the legislation of the country to which the Product is delivered. It is up to the Client to verify with local authorities the possibilities for importing or using the products they intend to order.
The Seller's liability cannot be engaged for any inconvenience or damage related to the use of the internet, such as a service interruption, the presence of computer viruses, or external intrusions, and more generally any cases classified as force majeure or acts of third parties by courts.
The photographs and illustrations accompanying the Products on the Site cannot alone engage the liability of the Seller.
ARTICLE 12: COMPUTER SCIENCE AND FREEDOMS
The Seller has computer means intended to manage its customer-prospect files and implements processing of personal data, within the meaning of the new law n° 2018-493 of June 20, 2018, promulgated on June 21, 2018, which amended the Data Protection Act to bring national law into compliance with the European legal framework. It allows for the concrete implementation of the General Data Protection Regulation (GDPR) and the “Police-Justice” Directive, applicable to criminal database files. (https://www.cnil.fr/fr/entree-en-vigueur-de-la-nouvelle-loi-informatique-et-libertes)
Otherwise, the Seller will not be able to process the order and/or create the Client's account.
For any questions regarding the use of your personal data, your rights, and the exercise of your rights, please consult the section Data Privacy Policy.
In any event, Céline Escand Cosmétique only collects personal information about the user for the purpose of certain services offered by the site www.celineescand.com. The user provides this information knowingly, notably when they enter it themselves. The user is then informed on the site www.celineescand.com of the obligation or not to provide this information.
The processes implemented by the Seller have the primary purposes of ensuring the delivery of the Products, improving service quality, communicating information related to services and exceptional offers that may interest the Client, and thus better meet their expectations.
The recorded information is reserved for the use of the concerned services and will in no case be communicated to potential partners.
If applicable, the Client's personal data may be used for commercial prospecting purposes via electronic means, by the Seller, provided that prior and express consent has been obtained from the Client through checkboxes on the Client's identification form.
In accordance with the regulation, the Client has the right of access, rectification, erasure, and portability of their data, a right to restriction of processing, and a right to object to the processing of personal data concerning them.
The Client can exercise their rights by contacting the Seller at the following address: contact@celineescand.com. They also have the right to file a complaint with a control authority, as well as the right to set directives regarding the fate of their personal data after their death.
The Client's personal data is kept confidential by the Seller for a period of five years but may be kept longer for legal archiving purposes.
ARTICLE 13: INTELLECTUAL PROPERTY
The entirety of the content of the Site (texts, comments, illustrations, images, videos, graphics, sound, etc., including the underlying technologies used) as well as the intellectual property rights on the ordered Products are the property of the Seller and/or its partners and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of the content of the Site, the trademarks registered by the Seller and/or its partners as well as its concept is strictly prohibited and is likely to constitute an infringement.
ARTICLE 14: FORCE MAJEURE
Neither Party shall be in breach of its contractual obligations, to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure.
Any event or circumstance that is irresistible, external to the Parties, unpredictable, unavoidable, independent of the will of the Parties, and which could not have been prevented by them, despite all reasonably possible efforts, shall be considered as fortuitous or force majeure.
Expressly, fortuitous events or cases of force majeure are considered including those habitually recognized by the case law of the French courts and tribunals: total or partial strikes, internal or external to the company, blocking of transport means for any reason, supply problems encountered by the Seller, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties related to telecommunication networks external to the Client.
The affected Party will notify the other within ten (10) working days following the date on which they became aware of it.
The Parties will then meet within one (1) month, unless impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will resume.
If the force majeure lasts more than three (3) months, the contract may be terminated by either Party.
ARTICLE 15: PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared so under a law, regulation, or as a result of a decision with res judicata from a competent jurisdiction, the other provisions will retain all their force and scope.
ARTICLE 16: INTEGRALITY OF THE CONTRACT
The present General Terms and Conditions of Sale and the order summary sent to the Client form a contractual whole and constitute the entirety of the contractual relations that occurred between the Parties.
ARTICLE 17: APPLICABLE LAW AND COMPETENT COURT
The present General Terms and Conditions and the operations they refer to are governed by French law.
In case of dispute between the Seller and a Client, an amicable solution will be sought between the Parties. The Client is informed of the possibility of using a free mediation procedure proposed by the Seller or any other alternative dispute resolution method if a dispute arises.
The mediator proposed by the Seller is the Commercial Court of Tarascon, whose contact details are as follows, 28 Allée du Général Jennings de Kilmaine, Quartier Kilmaine, 13150 TARASCON.
In accordance with article L 612-2 of the Consumer Code, one of the prerequisites for the mediator to review the dispute is that the Client must demonstrate they have previously attempted to resolve their dispute directly with the Seller, through a complaint sent by mail or email.
In the absence of an agreement within 2 months from the notification of the dispute to the other Party, all disputes that this contract might give rise to, concerning the operations referred to herein, its validity, interpretation, execution, termination, consequences, and follow-ups, will be submitted to competent courts under common law conditions.
ARTICLE 18: PROOF
In case of dispute, the Parties agree to consider faxes and emails as original writings serving as perfect proof and waive contesting this means of proof, unless challenging its authenticity.
Contact us:
SAS CELINE ESCAND
Mas Saint Bernard, 4 Route de Maillane
13210 Saint-Rémy-de-Provence, France
contact@celineescand.com
Tel: +33 (0)4 90 26 48 54
Pro: +33 (0)6 47 08 38 17