/ General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 : SCOPE OF APPLICATION – OPPOSABILITY
These 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 12,000 euros, whose registered office is: Mas Saint Bernard – 4 Route de Maillane – 13210 Saint Rémy de Provence
, registered in the Trade and Companies Register of Tarascon under number 840 333 967 00023 RCS – APE 4645Z (hereinafter "the Seller") with any consumer (hereinafter "the Customer"), wishing to acquire online the products offered for sale by the Seller on its website www.celineescand.com as well as (and redirecting to) www.lebaumeintegral.com (hereinafter "the Site"), namely in particular a range of beauty products and notably balms (hereinafter "Products").
Ordering a Product on the Site implies full and unreserved adherence and acceptance of these General Terms and Conditions of Sale, which the Customer expressly acknowledges, waiving in particular the right to rely on any contradictory document, which would be unenforceable against the Seller. The General Terms and Conditions of Sale apply to all order methods 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 other prior version or any other contradictory document. The Customer has the option to request that the General Terms and Conditions of Sale be sent to them by the Seller by email. They can also save, print, or copy them, it being specified that saving, printing, or copying this document is their sole responsibility, as these General Terms and Conditions of Sale may be subject to modifications. In all cases, the applicable General Terms and Conditions of Sale are those in force on the date of the Customer'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 opposable to users of the Site from the date of their publication online and apply to transactions concluded subsequently.
For the application of the General Terms and Conditions of Sale, the Customer and the Seller shall be collectively referred to as "the Parties" and individually as "the Party".
Article 2: ORDER
It is up to the Customer to select the Products they wish to order on the Site, according to the terms defined below.
2.1. Browsing the Site
The Customer can view the various Products offered for sale by the Seller on their Site.
The Customer can browse freely through the various pages of the Site without being committed to an order.
Product offers are subject to stock availability, which the Customer acknowledges and accepts.
2.2. Registering an order.
The Customer can place an order with the Seller on the Site at any time.
If the Customer wishes to place an order on the Site, they may at any time :
Select each of the Products in which they are interested by clicking on the box "Add to cart",
After each Product selection, a window appears on the screen leaving the Customer with the choice between continuing the selection of Products in which they are interested, if this is the Customer's wish click on the box "Continue shopping" or "Keep shopping", or stop the selection and place the order, in which case click on the box "Proceed to checkout",
Get a summary of their order and the details of the Products they have selected by clicking on the box "View cart",
Continue their selection of Products by clicking on "Continue shopping" or "Keep shopping",
Complete their selection of Products and order the selected Products by clicking on "Proceed to checkout".
To register their order, the Customer must identify themselves, either by entering their email address if they have already created their account, or by filling in the mandatory fields as a new customer in the contrary case. In the latter case, the Customer must accurately fill out the form provided, on which they will notably include the information necessary for their identification and in particular their surname, first name, delivery postal address, and billing address. They may specify a billing address different from their postal address if they wish. Furthermore, the Customer must provide an email address of their choice which they will need to identify themselves later on the Site. The Customer is informed and accepts that entering this identifier is proof of their identity and manifests their consent.
Once the Customer 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 Customer, as well as the total amount of the order, the Customer's contact details, the delivery deadline of the Products, and the delivery address of the Products. The Customer will be able to correct any errors before confirming their order. If so, a new order form will be automatically generated.
The Customer must verify the completeness and accuracy of the information they provide to the Seller. The latter cannot be held responsible for any entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be borne by the Customer.
2.3. Final validation of the order
After reviewing the order form, and once all the requested information has been completed by the Customer, the latter will check the box for acceptance of these general terms and conditions of sale and click on "Confirm order". This second click constitutes an electronic signature. This signature has the same value between the Parties as a handwritten signature. The order form will be recorded on the Seller's computer registers, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relationship between the Parties.
The Customer will proceed to the payment of the Products under the conditions of Article 5 of these General Terms and Conditions of Sale.
As soon as the Customer validates their payment, the order is registered and becomes irrevocable.
2.4. Order summary
Once payment has been made on the Site, a summary of the Customer's order will be displayed, mentioning in particular the transaction number. The sale will only be considered final after the display of the order summary by the Seller, which serves as an acknowledgment of receipt of the order. An email summarizing the registered order will be automatically sent to the Customer, provided that the address indicated in the identification form does not contain errors and is valid.
2.5. General info
Unless proved otherwise, the data recorded by the Seller constitutes proof of all transactions.
In any case, the Seller reserves the right to refuse any order or delivery in the event of (i) an existing dispute with the Customer, (ii) total or partial non-payment of a previous order by the Customer, (iii) refusal of payment authorization by credit card from banking institutions. The Seller's liability cannot then be engaged.
2.6. Order tracking
The Customer can check their customer account at any time to be informed of the tracking of their order:
Access: https://compte.lebaumeintegral.com
The Customer can contact the Seller's sales department at any time to be informed of the tracking of their order:
By email: contact@lebaumeintegral.com
Article 3: PRODUCT AVAILABILITY
The offers of Products proposed on the Site are only valid within the limit of available stocks. Availability may vary within the same day depending on the level of sales recorded by the Seller.
In case of unavailability of the Product after the Customer has placed the order, the Seller undertakes to inform them by email within eight (8) days from the date of the order and to indicate to the Customer the waiting time for receipt of the Product. If the Customer wishes, they can 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 the non-fulfillment of the order in the event of stock shortage or unavailability of the Product, so that no compensation can be claimed from the Seller by the Customer in the event of unavailability of the ordered Product.
Article 4: PRICE
The Products are sold at the prices in force indicated on the Site at the time the order is placed. The prices mentioned on the Site are indicated in Euros, All Taxes Included (TTC), and take into account any promotional offers. They do not include shipping and delivery costs, which will be indicated before the Customer's first validation of the order. 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 in the order form generated by the Seller is the final price and includes shipping and delivery costs.
Article 5: BILLING AND PAYMENT
5.1. Payment
The price of the order is payable in cash, in full on the day the order is placed by the Customer, through secure means and according to the payment method indicated below. The payment is only considered completed after actual collection of the order amount by the Seller.
The Customer pays for their order online:
by credit card via the online platform,
by Paypal.
In case of payment by credit card, the Customer is automatically switched to the payment server of the Seller's bank. The bank's server is secured by its electronic payment terminal so as to protect as effectively as possible all data related to the payment methods. At no time will the data of the Customer's credit card pass through the Seller's computer system, which cannot therefore be held responsible in the event of fraudulent theft of the Customer's banking data. The transaction is immediately debited from the Customer's credit card after verification of its data. In the event that the debit of the price is impossible, the order will be cancelled automatically.
The Seller implements all necessary means to ensure the security and confidentiality of data transmitted online. For this purpose, the Site uses an SSL (Secure Socket Layer) secure payment mode which allows encryption of the Customer's banking details during their transmission over the network. As part of an order verification procedure designed to ensure that no one is using another person's banking details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to the Seller by fax or email. In this case, the order will only be validated after receipt and verification of the sent documents by the Seller. In the absence of receipt of these documents within 15 days following the placing of the order, the latter will be deemed cancelled by right.
5.2. Billing
The order form that the Customer establishes online or the order confirmation sent by email to the Customer by the Seller does not serve as an invoice.
An invoice is established by the Seller and delivered to the Customer upon delivery of the ordered Products when the delivery address and billing address are identical. When these two addresses are not identical, the invoice is sent directly to the billing address indicated by the Customer. The Seller keeps an electronic copy of each invoice.
ARTICLE 6: PACKAGING
The Products are packaged in such a way as to comply with the transport standards in force and to ensure optimal protection of the Products. The Customer must comply with these same standards in the event of returning Products for any reason whatsoever. Any damage observed on a returned Product without its original packaging may result in a partial refund or no refund for the Product.
ARTICLE 7: DELIVERY
7.1. Delivery times
The Seller agrees to make its best efforts to deliver the Products ordered by the Customer within thirty (30) business days from the order. An indicative delivery time will be communicated to the Customer on the order form. This indicative time may vary, of which the Customer will be informed by the Seller by email in the event of a prolonged delay. Any exceeding of the indicative time shall not give rise to any compensation for the Customer.
However, if the ordered Products whose total value exceeds that indicated in Article R 114-1 of the Consumer Code have not been delivered within seven (7) days after the indicative delivery date appearing on the order form, for any cause other than force majeure, transport strikes and/or postal services, the sale may be cancelled at the written request of the Customer or the Seller. The contract will, if applicable, be considered terminated upon receipt by the Seller of the letter by which the Customer informs them of their decision, if the delivery has not taken place between the sending and receipt of this letter. The sums paid by the Customer will then be returned to them by check or bank transfer within a maximum period of thirty (30) days, excluding any compensation or deduction.
The Products are sent by regular postal services. In the event of a delivery delay compared to the times announced by the carrier itself, the Customer must contact the carrier as a priority. The Seller cannot be held responsible in the event of an excessively long delivery time due to the postal services.
7.2. Place of delivery
The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and accuracy of the information they provide to the Seller. The latter cannot be held responsible for any entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be entirely borne by the Customer.
7.3. Package verification
The Customer is required to check the condition of the delivered Products in the presence of the carrier and make the necessary reservations on the delivery slip in case of partial or total deterioration of one or more Products. In the absence of reservations, the product is deemed accepted by the Customer and cannot be subject to any dispute concerning its delivery.
The Customer has three (3) business days from delivery to make a written claim for non-conformity or apparent defect of the delivered Products, accompanied by all supporting documents. Beyond the three (3) business day period, no claim can be accepted by the Seller.
In order to assert their rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller in writing of the existence of defects in the Products 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 returning the Product, the Customer must respect the transport standards in force. Any observed damage to the Product due to non-compliance with current transport standards may result in a partial refund or non-refund of the Product in the event of impossibility of resale as is or in case of worsening of the indicated technical problem.
ARTICLE 8: RETENTION OF TITLE
NOTWITHSTANDING ANY CLAUSE TO THE CONTRARY, THE TRANSFER OF OWNERSHIP OF THE ORDERED PRODUCTS TO THE BENEFIT OF THE CLIENT WILL ONLY BE CARRIED OUT AFTER COMPLETE PAYMENT OF THE PRICE BY THE LATTER.
ARTICLE 9: RIGHT OF WITHDRAWAL
In application of Article L 221-18 of the Consumer Code, in the case of a contract concluded at a distance, the Customer has a withdrawal period of 14 days from the placing of the order under the conditions of Article 2 of these General Terms and Conditions of Sale.
To exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw by means of an unambiguous statement, by registered letter with acknowledgment of receipt to the address indicated at the head of these terms or by email to the following email address: [ ]. The Customer can use the model withdrawal form attached hereto if they wish.
In case of withdrawal, the Seller refunds to the Customer all payments received regarding the order concerned, without undue delay and, in any case, within fourteen (14) clear days following the date on which the Seller was informed of the Customer's decision to withdraw. The Seller makes the refund using the same means of payment as that used by the Customer for the initial transaction, unless otherwise agreed between the Parties. This refund will not incur any fees for the Customer.
ARTICLE 10: CUSTOMER OBLIGATIONS
The Seller recalls that unemancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by the person holding parental authority.
If applicable, the Customer must use the Products in accordance with the enclosed user guide.
The Customer acknowledges that they are the holder of the payment method they use to place their order.
ARTICLE 11: LIABILITY AND WARRANTY
The Customer is solely responsible for the choice of Products, their storage, and their use.
The Products provided by the Seller benefit, in accordance with legal provisions:
From the legal warranty of conformity,
From the warranty against hidden defects affecting the delivered Products and making them unfit for consumption.
Furthermore and in any event, the legal warranty of conformity can only apply if the following condition is met:
The Customer is required to provide any justification as to the reality of the defects or anomalies observed. They must allow the Seller every facility to proceed with the observation of these defects or anomalies and to remedy them.
The Seller's liability cannot under any circumstances be engaged when the delivered Products conform to those ordered. Any Product customized in accordance with Article 2.3 cannot be exchanged unless it does not conform to the customization criteria specified during the order by the Customer and included on the order form.
Any warranty is excluded in the event of misuse, negligence, or lack of maintenance on the part of the Customer, as in the event of force majeure, and the Seller's warranty is limited to the replacement or refund of non-conforming Products or those affected by a defect.
In order to assert their rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within a maximum period of one (1) year from their discovery.
The return of the Product must be accompanied by a return number sent to the Customer by phone or email. The exchange or refund will be made within thirty (30) days from the receipt by the Seller of the Products returned by the Customer.
The Seller will not be considered responsible or in default if they prove that any delay or non-fulfillment is due to the occurrence of a case of force majeure usually recognized by jurisprudence, or is attributable to the Customer or to the unpredictable and insurmountable act of a third party to the contract.
In all cases, the Customer is expressly informed and acknowledges that the Seller is not the producer of all the Products presented on the Site. For Products not manufactured by the Seller, the latter cannot be held liable in the event of defective products within the meaning of 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 liability of the producer of the product may be sought by the Customer, on the basis of the information appearing on the packaging of said product.
The Products offered comply with current French legislation and the standards applicable in France. The Seller's liability cannot be engaged in case of non-compliance with the legislation of the country where the Product is delivered. It is up to the Customer to check with local authorities the import or use possibilities of the products they plan to order.
The Seller's liability cannot be engaged for inconveniences and damages relating to the use of the internet network, such as a break in service, the presence of computer viruses or external intrusions, and more generally all cases qualified as force majeure or acts of third parties by the courts.
The photographs and illustrations accompanying the Products on the Site cannot alone engage the liability of the Seller.
ARTICLE 12: DATA PRIVACY AND FREEDOM
The Seller has computer resources 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 modified the Data Protection Act to bring national law into compliance with the European legal framework. It allows the concrete implementation of the General Data Protection Regulation (GDPR) and the "Police-Justice" Directive, applicable to files in the criminal sphere (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 Customer's account.
For any questions regarding the use of your personal data, your rights, and the exercise of your rights, consult the Data Privacy Policy section.
In any case, Céline Escand Cosmétique only collects personal information relating to the user for the need of certain services offered by the site www.celineescand.com. The user provides this information with full knowledge of the facts, particularly when they enter it themselves. It is then specified to the user of the site www.celineescand.com whether or not they are obligated to provide this information.
The processing carried out by the Seller has the main purposes of ensuring the delivery of the Products, improving the quality of the service, communicating information relative to services and exceptional offers that might interest the Customer and thus better meet their expectations.
The recorded information is reserved for the use of the departments concerned and will under no circumstances be shared with potential partners.
If applicable, the Customer's personal data may be used for commercial prospecting purposes by electronic means by the Seller, subject to having obtained the Customer's prior and express consent by checking the boxes on the Customer's identification form.
In accordance with the regulations, the Customer has a right of access, rectification, erasure, and portability of their data, a right to limit processing, and a right to object to the processing of personal data concerning them.
The Customer can exercise their rights by contacting the Seller at the following address: contact@lebaumeintegral.com. They also have the right to lodge a complaint with a supervisory authority, as well as the right to define guidelines regarding the fate of their personal data after their death.
The Customer's personal data is kept confidentially by the Seller for a period of five years but may be kept longer for legal archiving reasons.
ARTICLE 13: INTELLECTUAL PROPERTY
The entire content of the Site (texts, comments, illustrations, images, videos, graphics, audio, 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, of trademarks registered by the Seller and/or by its partners, as well as of its concept is strictly prohibited and is likely to constitute an infringement offense.
ARTICLE 14: FORCE MAJEURE
Neither Party shall have failed in its contractual obligations to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure.
Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the Parties, unpredictable, unavoidable, independent of the will of the Parties and which cannot be prevented by them, despite all reasonably possible efforts.
Expressly, the following are notably considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: total or partial strikes, internal or external to the company, blockages of transport means for any reason whatsoever, supply problems encountered by the Seller, government or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the Customers.
The Party affected by such circumstances will notify the other within ten (10) business days following the date on which they became aware of them.
The Parties will then meet within one (1) month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure has a duration greater 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 as such in application of a law, a regulation, or following a final decision of a competent court, the other provisions will retain all their force and scope.
ARTICLE 16: ENTIRE CONTRACT
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.
ARTICLE 17: APPLICABLE LAW AND COMPETENT COURT
These General Terms and Conditions and the operations referred to therein are governed by French law.
In the event of a dispute between the Seller and a Customer, an amicable solution will be sought between the Parties. The Customer is informed of the possibility of using, free of charge, in the event of a dispute, a conventional mediation procedure proposed by the Seller or any other alternative dispute resolution method.
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 preconditions for the examination of the dispute by the mediator is as follows: the Customer must justify having previously attempted to resolve their dispute directly with the Seller, by a claim 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 to which this contract might give rise, concerning the operations referred to herein, its validity, interpretation, execution, termination, consequences, and follow-ups will be submitted to the competent courts under the conditions of common law.
ARTICLE 18: PROOF
In the event of a dispute, the Parties agree to consider fax and email as original written documents serving as perfect proof and waive the right to contest this means of proof, except to discuss its authenticity.
Contact us:
SAS CELINE ESCAND
Mas Saint Bernard, 4 route de Maillane
13210 Saint-Rémy-de-Provence, France
contact@lebaumeintegral.com
Tel: +33 (0)4 90 26 48 54
Pro: +33 (0)6 47 08 38 17