TERMS AND CONDITIONS
The Beauty Production LLC | Company number : 7506709
1201 ORANGE STREET
600 ONE COMMERCE CENTER
Contact@beauty-and-flavour.com | 302-583-0828
Article 1: Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company’s websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these, at any time by the publication of a new version on its website. The general terms and conditions then applicable are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These GTCs can be viewed on the Company’s website at the following address: https://beauty-and-flavour.com/condition-generale-de-vente. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and if necessary the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to contract legally under English laws or to validly represent the natural or legal person for which he agrees. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2.2: Price
The prices of products sold through websites are indicated in $ excluding taxes and precisely determined on the product description pages. They are also indicated in $ all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or French overseas departments and territories, the price is calculated net of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums are not the responsibility of the Seller. They will be charged to the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are borne by the Client. If applicable also, delivery costs.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of instructions for payment, and payment of products. ➢ Delivery of products. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The
Seller agrees to fulfill the Customer’s order within the limit of stocks of Products available only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with English law, they are subject to a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products offer and their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services.
- Subscription with a fixed duration of engagement
5.1 The Beauty-and-flavour package
To subscribe to beauty-and-flavour.com, Customers must visit www. beauty-and-flavour.com or one of the Site’s welcome or introductory offer pages.
5.2. The « Welcome or launching offers ».
As part of its commercial policy, beauty-and-flavour.com regularly offers « Welcome or launch offers ». These offers, reserved for new customers, allow the Subscriber to subscribe to the Service by taking advantage of a first product at $11.50 and a 1-month discovery access to the website, at the end of which, in the absence of cancellation by the Subscriber, the Subscription of $29.00 will automatically start.
5.3 Subscription period
By subscribing to this offer, the Customer subscribes for a minimum period of 3 months, then until one of the Parties decides to terminate the subscription.
From then on, the Customer will be charged the amount agreed upon when the subscription is taken out as of the conclusion of the Agreement, and then automatically the following months on the same date.
In order to be able to benefit from a promotional offer subject to a minimum subscription period, the Customer may not terminate his subscription before the end of the mandatory period defined.
After the end of the predefined mandatory period, the Customer will be able to unsubscribe.
The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address which was indicated when ordering and the time limit indicated. This period does not take into account the time required to prepare the order. When the Customer orders several products at the same time these may have different delivery times routed
. In the event of delay in delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and charges « one way » »Under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email to follow up on the order. The Seller recalls that when the Customer physically takes possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period longer than 30 working days, you will be immediately notified of the expected delivery times and the order for this item may be canceled on request. The Customer can then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-order products. The Customer can pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted in the rules of the art and cannot be read. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately automatically resolved and the order canceled.
Article 9: RIGHT OF WITHDRAWAL & REFUND
All returns must be postmarked within 90 days of the purchase date. All returned items must be in be in new and unused condition, with all original tags and labels attached.
To return an item, contact to email firstname.lastname@example.org and place the item securely in its original packaging include your proof of purchase, and mail your return the following address.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order placed. The refund request must be made as follows: via the contact form. The Seller recalls that the consumer: – has a period of 2 years from the delivery of the product to act with the Seller – that he can choose between replacing and repairing the product subject to the conditions provided for by the art. apparently defective or not corresponding – that it is dispensed to bring the proof the existence of the lack of conformity of the good during the six months following the delivery of the good. – that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Purchaser may present any complaint by contacting the company using the following contact details via the contact form.
Article 12: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The execution of the seller’s obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: ORDER
- REGISTRATION OF SERVICE
Service registration form
- To subscribe to the Service, the Subscriber must complete the order form provided for this purpose on the Site, by completing all the fields and checking the box “I have read and I accept the general conditions * “
, all mandatory except the Mobile Phone field. Any incomplete registration may result in poor service delivery.
- The Subscriber guarantees that all the information he gives in the form is accurate, current and sincere and is not tainted by any misleading character.
- He undertakes to inform www. Beauty-and-flavour.com at the address mentioned in article 2 in the event of modifications (in particular in the event of change of address).
- The Subscriber is informed and accepts that the information entered for the purpose of creating or updating their Account is proof of their identity. The information entered by the Subscriber commits upon validation. www. Beauty-and-flavour.com reserves the right to verify the accuracy of the data provided by the Subscriber.
- The Subscriber is then invited to confirm that he fully and unreservedly accepts all of these General Conditions by checking the box provided for this purpose. He is finally invited to confirm the order and proceed to payment for the order by clicking on « Order now ».
- Article 15 : invalidity and modification of the contract
- If one of the stipulations of this contract is canceled, this nullity does not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 16: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of our network sites, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the controller (the Company) by RAR letter. We monitor attendance at all of our sites.
Article 17: Applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to English law from Delaware.
Article 18: COOKIES
These are small text files saved on your hard drive.
The data collected is for the use of www. Beauty-and-flavour.com, and are essential for the processing and management of Subscriber orders as well as for commercial relations between the Client and www. Beauty-and-flavour.com.
Most cookies are intended to allow or facilitate your browsing and are necessary for the operation of the Site. In addition, the Site uses other cookies which require your express consent prior to their installation on the hard drive. By continuing to browse the Site after having read the cookies banner, the Customer acknowledges having read and accepted the installation of said cookies.
Customers can manage, deactivate or authorize cookies by modifying the parameters of their Internet browser by consulting the links below:
Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
The use of the Site may result in the installation of certain cookies issued by third parties (communication agencies, audience measurement company, social networks, YouTube, etc.) which are not controlled by www. Beauty-and-flavour.com.