GENERAL CONDITIONS OF SALE
The website CARACOL SKINCARE La Boutique (hereinafter the "Website") is an e-commerce website that is accessible via the Internet at wwww.caracol-skincare.com. The Website is used by CARACOL SKINCARE SAS, with registered offices at 36 rue Adam de la Halle 62000 ARRAS (France), registered with the Lille Registry of Companies under number 835 281 643 00014, to market cosmetic products and fragrances of its brand (hereinafter the "Products") to Web users of the Site (hereinafter the "Website Users"). The Website may be used to order a selection of products from CARACOL SKINCARE, directly online via the Internet for delivery to metropolitan FRANCE, CORSICA ISLAND included, French DOM-TOM (Guadeloupe, Guyane, Nouvelle-Calédonie, La Réunion, Martinique, Mayotte, Polynésie Française, Saint-Barthélemy, Saint-Martin, Saint-Pierre-Et-Miquelon, Wallis-Et-Futuna), EUROPE, AMERICA, ASIA, AFRICA and OCEANIA. For the purposes of these General Conditions of Sale, it is agreed that the Website User and CARACOL SKINCARE shall be jointly referred to as the “Parties” and individually referred to as a “Party”, and that Website Users who have confirmed an order shall be referred to as “Purchasers”. Website Users’rights and obligations also apply fully to Purchasers.
Products are intended for the personal use of Website Users, in no direct relation to any professional activity. In this respect, Website Users should note that their order must not exceed a total of five hundred (500) euros (all taxes included). Website Users who wish to purchase via the Website declare that they have full legal capacity.
All orders for Products offered on the Website imply the express acknowledgement and acceptance of these General Conditions of Sale, without said acceptance being contingent on the Website User providing a hand-written signature. In accordance with the provisions of the articles 1316 to 1316-4 of French Civil Code, completed by the Decree n°2001-272 dated from March 30th 2001, for the application of the French Civil Code article 1316-4, confirmation of the order form, as specified in Paragraph 3.3 below, constitutes a contract between CARACOL SKINCARE and website Users for the purchase Products. The purpose of these General Conditions of Sale is to define the Parties' rights and obligations that arising from the online sale of the Products offered on the Website from France, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. They specify the procedure applicable when placing an order and follow-up of said order by the Parties.
CARACOL SKINCARE reserves the right to update these General Conditions of Sale at any time.
These General Conditions of Sale apply to the exclusion of all other documents.
The Products offered for sale are those listed on the Website, on the date the Website User visits the Website. Photographs featured alongside the Products are for illustration purposes only and do not fall within the scope of the contract; CARACOL SKINCARE shall not be held liable for any errors in illustration.
Products offered are subject to availability while stock lasts. If a product is not available, Website Users shall be informed thereof as soon as possible. If a Product’s unavailability is discovered after the order has been confirmed, Purchasers shall have the option of cancelling their order by requesting either a full refund of the amount paid within a maximum of thirty (30) days after said amount was charged to their account, or requesting an alternative to the unavailable Product(s), by sending an e-mail request to firstname.lastname@example.org.
CARACOL SKINCARE shall not be held liable if products are out of stock unavailable.
Prices – Payment
The prices of the Products are given in euros. They include the VAT applicable on the date of the order. Prices stated do not include delivery costs, which will be invoiced in addition and specified to Website Users when the order is confirmed. The Website User accepts CARACOL SKINCARE’ right to modify its prices at any time; however, the Products will be invoiced on the basis of the prices are those stated on the Website, notwithstanding typographical errors.
All payments must be made immediately over the internet. Unless the server is unavailable, Website Users may pay with a credit or debit Card (Bleue, Visa, Mastercard). The user will input his card number, the expiry date, the name of the card owner and the 3 security digits. Payments with Card are secured with 3D Secure technology.
The Website may be used to order a selection of products from CARACOL SKINCARE, directly online via the Internet for delivery to metropolitanFRANCE, CORSICA ISLAND included, French DOM-TOM (Guadeloupe, Guyane, Nouvelle-Calédonie, La Réunion, Martinique, Mayotte, Polynésie Française, Saint-Barthélemy, Saint-Martin, Saint-Pierre-Et-Miquelon, Wallis-Et-Futuna), EUROPE, AMERICA, ASIA, AFRICA and OCEANIA.
Website Users can browse the site contents freely with no obligation to purchase.
Orders are prepared by the logistics centre located in Arras, France. Then they will be handed over to DPD France and DHL for worldwide shipping. The average time taken for Purchasers to receive an order is 2 working days for France and from 3 to 4 working days for international shipment from the day th orcer is received. In any event, orders are dispatched at the latest thirty (30) days as from the day following order confirmation.
Products ordered shall be delivered to the address stated by the Purchaser on the order form. The Purchaser undertakes to supply a correct address when placing their order.
CARACOL SKINCARE shall have no liability for any delay or loss caused by the postal services. Delivery is made at the Purchaser’s risk. If a delivery is late, the Purchaser must inform CARACOL SKINCARE customer services department without delay, by e-mail to email@example.com or by regular mail to CARACOL SKINCARE, 36 rue Adam de la Halle 62000 ARRAS, France. CARACOL SKINCARE shall contact the parcelforce in order to initiate an enquiry. Enquiries may take some time. Ownership of Products ordered shall only be transferred to the Purchaser upon full payment of the price of said products, including delivery charges.
Upon receipt of Products ordered, the Purchaser must check that products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchaser on the form presented to them when the parcel is delivered and must be notified to CARACOL SKINCARE customer services department without delay, by e-mail to firstname.lastname@example.org or by letter to CARACOL SKINCARE, 36 rue Adam de la Halle 62000 ARRAS, France. All claims filed more than seven (7) working days following the day of receipt of a delivery will be rejected and CARACOL SKINCARE will be released from all liability.
Right of Cancellation
The Purchaser has seven (7) working days (beginning with the day after the day on which the Purchaser receives the goods) to return, at his/her own expense, any Product(s) ordered if not fully satisfied for any reason. Products must be returned undamaged, in their original packaging, accompanied by the slip on bottom of the invoice or delivery note using standard delivery to the following address: CARACOL SKINCARE, 47 allée du Portugal 62118 MONCHY LE PREUX, France. Returns sent with postage due will not be accepted. All Product returns are at the Purchaser’s risk. If the aforementioned conditions are met, CARACOL SKINCARE will refund the full price of the Product(s) to the Purchaser within thirty (30) days. However, it is acknowledged that CARACOL SKINCARE will refund the return shipping costs if the return results from an error made by CARACOL SKINCARE (non-compliant Products).
Providing personal information collected within the scope of distance sales is required, as such information is needed to process and deliver orders and prepare invoices. Such personal information will be kept strictly confidential. Failing to provide such personal information automatically voids your order. In line with the Data Protection Act, CARACOL SKINCARE is registered with the French Information Commissioner’s Office on the Public Register of Data Controllers. Website Users are entitled to access, modify, correct and delete data concerning them. In order to exercise this right, Website Users must send a letter by post to the following address: CARACOL SKINCARE, 36 rue Adam de la Halle 62000 ARRAS, France, or email to email@example.com.
Neither Party shall be liable for the total or partial non-performance or a delay in performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event). Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of the Internet, technical failures, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure. If a Party invokes an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five (5) working days of the occurrence or threatened occurrence of said event. The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of completing orders in case of Force Majeure. After one (1) month of interruption due to a Force Majeure Event, CARACOL SKINCARE may choose to cancel the order(s), in which case it shall refund the Purchaser where applicable.
If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.
Governing and Law Jurisdiction
These General Conditions of Sale and the contractual relations between CARACOL SKINCARE and the Purchaser shall be governed by the laws of France, regardless the Purchaser country of residence and location the orders are being placed. In the event of a discrepancy between the General Terms and Conditions of Sale in English and the General Terms and Conditions of Sale in French, the latter shall prevail. In the event of a dispute, the French courts shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court. CARACOL SKINCARE reserves the right to seek and obtain injunctive or other equitable relief to protect its rights hereunder.