General Terms and Conditions
TERMS OF SALES
(02 May 2018)
These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website www.laboratoires-cap-ferret. com (hereinafter the “SITE”) from the company Laboratoires du Cap-Ferret, SASU with share capital of 1000 euros, having its head office at 1 Place Franklin Roosevelt 33120 Arcachon, registered with the Bordeaux RCS under number 834 185 464 (hereinafter the “SELLER”).
Unique identifier issued by the Environment and Energy Management Agency (ADEME): FR371191_01UABJ
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these General Conditions of Sale.
Article 1. Definitions
The terms used below have, in these General Conditions, the following meaning:
“CUSTOMER”: designates the co-contractor of the company Laboratoires du Cap-Ferret, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
“DELIVERY”: designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
“PRODUCTS”: refers to all the products available on the SITE.
“TERRITORY”: designates mainland France, Corsica, Monaco and certain countries of the European Union (Belgium and Luxembourg) (excluding DOM/TOM).
Article 2. Purpose
These General Conditions govern the sale by the company Laboratoires du Cap-Ferret to its CUSTOMERS of the PRODUCTS. The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the company Laboratoires du Cap-Ferret in order to benefit from separate contractual conditions and to be able to access the PRO area.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before paying for an order for PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy. The company Laboratoires du Cap-Ferret advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if he is a minor, be able to provide proof of the agreement of his legal representatives. The CUSTOMER will be asked to provide information allowing them to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CUSTOMER's order to be processed by the company Laboratoires du Cap-Ferret. The CUSTOMER can check the status of his order on the SITE. DELIVERIES can be tracked, where applicable, using the online tracking tools of certain carriers. The CUSTOMER can also contact the sales department of the company Laboratoires du Cap-Ferret at any time by email, at the address firstname.lastname@example.org, in order to obtain information on the status of their order. The information that the CUSTOMER provides to Laboratoires du Cap-Ferret when placing an order must be complete, accurate and up to date. The company Laboratoires du Cap-Ferret reserves the right to ask the CLIENT to confirm, by any appropriate means, their identity, their eligibility and the information communicated.
Article 5. Orders
Article 5.1. Product characteristics
The company Laboratoires du Cap-Ferret undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions) . The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. All PRODUCTS sold by the company Laboratoires du Cap-Ferret comply with the cosmetic regulations in force following the provisions of Regulation (EC) No. 1223/2009 of the European Parliament and of the Council of November 30, 2009 relating to cosmetic products and the Law No. 2014-201 of February 24, 2014 relating to the various provisions for adaptation to European Union law in the field of health (article 3).
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).
- Selection of PRODUCTS and purchasing options
The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to their basket as they wish.
Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or register. Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to their attention summarizing the price, applicable taxes and, where applicable, shipping costs. delivery. The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CUSTOMER can then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order. The CUSTOMER must also select the chosen delivery method.
- Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated through the registration form is correct. Laboratoires du Cap-Ferret does not send any order confirmation by post.
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the company Laboratoires du Cap-Ferret). The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address. The CUSTOMER must then specify the chosen payment method. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the company Laboratoires du Cap-Ferret sends to the CUSTOMER by email constitutes an invoice. The CUSTOMER's invoice will be viewable in their My Account space.
Article 5.3. Date of the order
The date of the order is the date on which Laboratoires du Cap-Ferret acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport). Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Prices from Laboratoires du Cap-Ferret suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
Article 5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the restocking of a PRODUCT by the company Laboratoires du Cap-Ferret. In any case, if unavailability was not indicated at the time of the order, the company Laboratoires du Cap-Ferret undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. The company Laboratoires du Cap-Ferret may, at the CLIENT's request:
Either offer to ship all PRODUCTS at the same time as soon as out of stock PRODUCTS are available again,
Either proceed with a partial shipment of the PRODUCTS available initially, then ship the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from payment.
Article 6. Right of withdrawal
Article 6.1. Principle of withdrawal
The CUSTOMER has in principle the right to return or return the PRODUCT to the company Laboratoires du Cap-Ferret or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the company Laboratoires du Cap-Ferret offers to recover the PRODUCT itself.
Article 6.2. Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT. In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Article 6.3. Notification of the right of withdrawal
To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration and make a return or exchange request to email@example.com or Laboratoires du Cap-Ferret - Logistics Department - 4 rue du Colombier 63400 Chamalières .
He can also use the form below: WITHDRAWAL FORM
To the attention of the company Laboratoires du Cap-Ferret - Email address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
Purchase order number:
Ordered on [____________]/received on [________________]
Payment method used:
Name of the CUSTOMER and, where applicable, the beneficiary of the order:
Delivery address :
Signature of the CUSTOMER (except in the case of transmission by email)
For the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Article 6.4. Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the company Laboratoires du Cap-Ferret undertakes to reimburse all sums paid, including delivery costs without undue delay and, in any event, no later than fourteen ( 14) days from the day on which the company Laboratoires du Cap-Ferret is informed of the CUSTOMER's desire to withdraw. The company Laboratoires du Cap-Ferret will make the reimbursement using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement will not be will not incur any costs for the customer. Laboratoires du Cap-Ferret may defer reimbursement until receipt of the goods.
Article 6.5. Return conditions and costs
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the product to: Laboratoires du Cap-Ferret - Logistics Department - 4 rue du Colombier 63400 Chamalières .
To begin the return procedure, the CUSTOMER must go to the dedicated portal, accessible from the following address:
From this interface the CUSTOMER can download the return label and choose at their convenience a drop-off point where they must drop off the package.
Article 6.6. Condition of returned PRODUCT
The PRODUCT must be returned following the instructions of the Laboratoires du Cap-Ferret company and accompanied for better processing by the return slip provided in advance by the Laboratoires du Cap-Ferret company in its original condition, new, unopened, ring sealed safety device and unprimed pump as proof, in its original case and packaging.
Article 7. Payment
Article 7.1. Payment methods and payment security
The CUSTOMER can pay for their PRODUCTS online on the SITE using the means offered by Laboratoires du Cap-Ferret: CB, VISA, MASTERCARD. The CUSTOMER guarantees to the company Laboratoires du Cap-Ferret that he holds all the authorizations required to use the chosen payment method. The company Laboratoires du Cap-Ferret will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE, in particular using 3DSecure secure payment and the SSL protocol. It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE. Payment is made by e-transactions, the secure internet payment solution from one of the partner banks of the company Laboratoires du Cap-Ferret.
Article 7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE. In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
Article 7.3. Late or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the company Laboratoires du Cap-Ferret in order to pay for the order by any other valid means of payment. In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the company Laboratoires du Cap-Ferret for a period of ten (10) years in accordance with article L. 134-2 of the code of consumption. The company Laboratoires du Cap-Ferret agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request. In the event of a dispute, Laboratoires du Cap-Ferret will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The company Laboratoires du Cap-Ferret remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation of property, as well as the risks of damage that they may cause.
Article 10. Delivery
Article 10.1. Delivery zone
The PRODUCTS are offered for sale in the following TERRITORY: mainland France, Corsica, Monaco and certain European countries (Belgium, Luxembourg, Spain, Italy, Portugal, United Kingdom, Switzerland, Sweden, Germany, Netherlands, Belgium, Luxembourg and Denmark) (excluding DOM/TOM). It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the delivery address that the CUSTOMER indicates during the order process. Deliveries can be made on request to the company Laboratoires du Cap-Ferret in other territories under specific conditions at the address email@example.com.
Article 10.2. delivery time
PRODUCTS are generally shipped within 24 hours after receipt of payment. These deadlines exclude weekends or public holidays. An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
Article 10.3. Delivery times & costs
Shipping costs include preparation and packaging costs as well as postage. Preparation costs are fixed, while transport costs vary depending on the total weight of the package. It is recommended to group all PRODUCTS in a single order, two separate orders cannot be grouped.
For shipments to mainland France, Corsica and Monaco, the PRODUCTS are shipped either via Colissimo Suivi with a tracking number and delivered with signature, or via Chronopost 13, or at a Relay Point. The costs of the delivery options are:
- Colissimo Point Relais: €4. Free from €50 purchase.
- Colissimo Domicile with signature: €6. Free from €50 purchase .
- Chronopost 13: €20. From 50 € of order: 10 €.
Article 10.4. DELIVERY Issues
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to Laboratoires du Cap-Ferret to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract. The company Laboratoires du Cap-Ferret will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS. The company Laboratoires du Cap-Ferret is responsible until delivery of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions of Article 6.6.
Article 12. Guarantees
Article 12.1. Guarantees of conformity
Article L.211-4 of the Consumer Code:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.211-5 of the Consumer Code:
“To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The company Laboratoires du Cap-Ferret is required to deliver a compliant PRODUCT, that is to say suitable for the expected use and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect in view of the public declarations made by the company Laboratoires du Cap-Ferret, including in advertisements and on labeling. In this context, the company Laboratoires du Cap-Ferret is likely to be liable for any lack of conformity existing during delivery and any lack of conformity resulting from the packaging. Action resulting from lack of conformity is prescribed two (2) years from delivery of the PRODUCT. (Article L.211-12 of the Consumer Code). In the event of a lack of conformity, the CUSTOMER may request replacement of the PRODUCT. In the event that a replacement is impossible, the company Laboratoires du Cap-Ferret undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Laboratoires du Cap-Ferret – Logistics Department - 4 rue du Colombier 63400 Chamalières.
Article 12.2. Guarantee against hidden defects
The company Laboratoires du Cap-Ferret is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it, or would have given only a lower price if he had known them. (Article 1641 of the Civil Code). This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement is impossible, the company Laboratoires du Cap-Ferret undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Laboratoires du Cap-Ferret – Logistics Department - 4 rue du Colombier 63400 Chamalières. Action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article 13. Liability
The liability of the company Laboratoires du Cap-Ferret cannot under any circumstances be incurred in the event of non-performance or poor performance of contractual obligations attributable to the CLIENT, in particular when entering their order. The company Laboratoires du Cap-Ferret cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure such as is defined by the case law of French courts and tribunals. It is also specified that the company Laboratoires du Cap-Ferret does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for convenience only and no warranty is provided as to their content.
Article 14. Personal data
The SELLER collects personal data concerning its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser. The data collected by the company Laboratoires du Cap-Ferret is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the company Laboratoires du Cap-Ferret. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to service providers of the company Laboratoires du Cap-Ferret involved in the order process. For commercial purposes, the company Laboratoires du Cap-Ferret may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting Laboratoires du Cap-Ferret. The Laboratoires du Cap-Ferret company may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to firstname.lastname@example.org or by sending a letter to Laboratoires du Cap-Ferret - Logistics Service - 4 rue du Colombier 63400 Chamalières. It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document, or by sending a photocopy of their identity document to the company Laboratoires du Cap-Ferret.
Article 15. Complaints
Any written complaint from the CUSTOMER must be sent to the following address: Laboratoires du Cap-Ferret - 1 Place Franklin Roosevelt 33120 Arcachon , or by email to: email@example.com.
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the company Laboratoires du Cap-Ferret. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from the company Laboratoires du Cap-Ferret in writing. This authorization from the company Laboratoires du Cap-Ferret will under no circumstances be granted definitively. This link must be deleted at the request of the company Laboratoires du Cap-Ferret. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions. All conditions not expressly addressed herein will be governed in accordance with customary practice in the retail sector, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are precisely dated and may be modified and updated by the company Laboratoires du Cap-Ferret at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CLIENT and the company Laboratoires du Cap-Ferret are governed by French law. In the event of a dispute, only the courts of Bordeaux will have jurisdiction. However, prior to any recourse to an arbitration or state judge, negotiation will be favored in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity. The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below. Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject to negotiation. As an exception, the parties are authorized to refer the matter to the court for summary proceedings or to request the rendering of an order upon request. A possible action before the summary jurisdiction or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable arrangement clause, unless expressly wished otherwise.