Terms of Sales
ARTICLE 1 - SCOPE
These General Conditions of Sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation to sales concluded by CLEVER BEAUTY (“the Seller”) to consumers and non-professional buyers (“Customers or the Customer ”), wishing to acquire the products offered for sale by the Seller (the“ Products ”or the“ Product ”) on the website www.clever-beauty.com (hereinafter referred to as the“ Site ”). They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered.
The Products are those offered for sale on the Site on the day the order is placed.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity / content of the Products, are presented on the Site.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties and essential features.
Product offers are subject to the limit of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
AVENUE LOUIS PHILIBERT DOMAINE DU PETIT ARBOIS - BÂT. CLEANTECH
These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These T & Cs are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Site.
These T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Products presented on the Site are offered for sale for mainland France, the French overseas departments and territories, the EU and internationally.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the EU and DOM-TOM, customs duties or other local taxes or import duties or State taxes may be payable. They will be the responsibility of the Customer and are their sole responsibility.
ARTICLE 2 - ORDERS - AVAILABILITY OF PRODUCTS
It is up to the Customer to select on the Site, the Products he wishes to order, following the process of placing and confirming the order, confirmation of said order and payment described on said site.
The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will not be considered final until the Customer has sent the confirmation of the order by the Seller by e-mail and after receipt by the latter of the full price of the Products.
The order is registered on the Site when the Customer accepts these T & Cs by checking the box provided for this purpose and confirms his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these T & Cs and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The products are offered while stocks last
ARTICLE 3 - PRICES
The Products are supplied at the current prices appearing on the Site, when the order is registered by the Seller.
The prices are expressed in Euros including tax on the site. They are expressed in Euros, HT and TTC when placing the order, plus shipping costs.
Value added tax is calculated at the current rate in effect at the time of the order. Any
modification of this rate before payment will be passed on to the Customer.
These prices are firm and cannot be revised during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They are subject to variation during the year, it being understood that the products ordered are invoiced at the prices in force when the order is recorded.
The prices take into account any reductions that would be granted by the Seller on the Site.
Promotional offers are only valid for the duration of the validity of the offer concerned. Promotional offers by post and email are only valid once per customer.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated when the contract is made.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 4 - PAYMENT
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by credit cards: Visa, MasterCard, others
- by telephone
- by Paypal.
Bank details are secured by the financial institution providing the transaction.
The sums paid when placing the order cannot be qualified as a deposit and will not generate interest in the event of an exchange or return of the Products.
ARTICLE 5 - DELIVERIES
Delivery consists of the transfer to the Customer or any other person of his choice of physical possession or control or custody of the Product.
The Products ordered will be delivered in metropolitan France, DOM-TOM, EU and internationally, by an independent carrier, within eight (8) working days maximum from the day the order is placed at the address indicated by the Customer when ordering on the Site and which the carrier can easily access.
It is the Customer's responsibility to provide CLEVER BEAUTY with exactly all the details necessary for the voucher
delivery of the order. Certain products or boxes or offers or orders of a certain volume may nevertheless justify a longer delivery time. This will be expressly mentioned to the Customer when confirming the order.
The costs of delivery or provision are the responsibility of the Customer. They will be indicated to the Customer before any payment and included in the price including tax of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the period specified above. However, this deadline is communicated for information only.
If the Products ordered have not been delivered within a maximum period of thirty (30) days from the date of placing the order on the website www.clever-beauty.com, for any reason other than force major or due to the Customer, the sale may be terminated at the written request of the Customer subject to compliance with the terms and conditions provided for in article 11 "Termination of the contract in the event of default or late delivery".
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional billing.
The Customer is required to check the good condition and conformity
of the Products at the time of delivery. This check must relate in particular to the condition, quality, quantities, conformity and references of the Products as well as their conformity with the order.
The Customer has a period of three (3) working days maximum from the delivery to formulate by registered mail with acknowledgment of receipt to the address of the head office of CLEVER BEAUTY (Customer Service), all reservations or complaints for non -conformity or apparent defect of the Products delivered with all the relevant supporting documents (parcel, packaging, photos in particular). After this period and failing to comply with this formalism, no complaint will be taken into account by the Seller and the Products will be deemed to comply and free from any apparent defect.
If the complaint is admissible, the Seller will reimburse
or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L.217-4 et seq. of the Code of consumption and those provided for in these GTC.
In the event of delivery of a package which is clearly and visibly damaged during transport, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier and to take action against the latter.
The Customer must also inform the Seller (photos and supporting documents) without delay, so that a new package is prepared for him, then sent upon receipt of the damaged package in return. As indicated below, the Products traveling at the risk of the Customer, the responsibility of the Seller cannot be engaged.
ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full
payment of the price by the latter, regardless of the delivery date of said Products.
The Customer bears the risks of loss and damage relating to the Products and their packaging from the time of the order, in particular during transport.
ARTICLE 7 - RIGHT OF WITHDRAWAL - SALE OUTSIDE THE ESTABLISHMENT
This article is applicable to the Client having the quality of consumer within the meaning of the introductory article of the Consumer Code and to the Professional Client benefiting from the protection referred to in article L. 221-3 of the same code.
In accordance with the legal provisions in force, the Customer has a maximum period of fourteen days from receipt of the Product by the Customer himself or any other person of his choice to withdraw from the Seller, without having to justify himself, nor to pay a penalty, at the end of an exchange or refund, subject however to compliance with the following terms and conditions.
On pain of inadmissibility, the right of withdrawal must be exercised within the aforementioned period by sending by registered mail with acknowledgment of receipt to the address of the Seller's head office (Customer Service) or to any other address indicated by the latter, the withdrawal form available in Appendix II and also on the Site, as well as the Products delivered in their original condition and packaging and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
The Customer may also withdraw online by downloading the form available on the Site, in which case an acknowledgment of receipt on a durable medium will be communicated to the Customer by the Seller. In this case, it will be up to the Customer to return the Products concerned in their original and complete condition and packaging (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the invoice. purchase, at the address of the Seller's head office (Customer Service) within 2 days of the Customer's notification of withdrawal on the site, under penalty of inadmissibility.
Products without their original packaging, opened, damaged, soiled or incomplete / started will not be taken back by the Seller and will not give rise to an exchange or reimbursement by the latter, without compensation for the Customer. The conditions, time and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of this Agreement.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. In the event of exercise of the right of withdrawal within the time limit
above, only the price of the Product (s) purchased and the delivery costs will be reimbursed; the return costs remaining the responsibility of the Customer. The exchange (subject to availability) or reimbursement will be made within fourteen (14) days at the latest, from the receipt, by the Seller, of the Products returned by the Customer under the terms and conditions provided for in this article.
ARTICLE 8 - SELLER'S RESPONSIBILITY
The products offered comply with current French legislation. CLEVER BEAUTY's liability is limited to the Products ordered and delivered to the Customer as well as the direct, personal and certain damage suffered by the Customer
who placed the order which would be directly and exclusively linked to a failure of the Product. CLEVER BEAUTY can in no way be held liable for indirect damage. Likewise, and within the same limits, the amount of damages charged to CLEVER BEAUTY may not in any event exceed the price of the Products ordered and delivered.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify without recourse against the Seller,
- force majeure referred to in the following article:
- fault or negligence of the Client
Within the meaning of these GTC, will be considered as a fault of the Customer opposable to the latter, without the list below being exhaustive:
- lack of maintenance, storage or conservation of the Products in optimal conditions,
- transformation of the Product by the Customer,
- accident attributable to the Customer,
- any misuse or use for professional purposes by the Customer,
- any fault or negligence of the Customer at the origin or having contributed to his damage,
- any omission or failure of the Client,
- non-compliance with the advice given / instructions for use communicated by CLEVER BEAUTY.
- delivery of a package clearly and visibly damaged during transport; Products traveling at the risk of the Customer as indicated in article 6 of the GTC.
It is the Customer's responsibility to take action against the carrier they chose when placing the order, without recourse against the Seller.
ARTICLE 9 - LEGAL GUARANTEES
The Products sold on the Site comply with the regulations in force in France and have performance compatible with non-professional uses.
CLEVER BEAUTY is liable for any lack of conformity for defective, damaged or damaged Products or not corresponding to the order made as well as hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit. in use. It is the Customer's responsibility to check the good condition and conformity of the Products at the time of delivery. This check must relate in particular to the condition, quality, quantities, conformity and references of the Products as well as their conformity with the order.
No complaint will be taken into account after a period of three (3) working days maximum from delivery as indicated above.
In order to assert his rights, the Customer must inform the Seller, by registered letter with acknowledgment of receipt, of the non-conformity of the Products or of the existence of a hidden defect within the aforementioned maximum period from the delivery of the products. Products and return on this occasion the nonconforming or defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...) according to the conditions and according to the methods recalled in Appendix II.
The Seller will reimburse, replace or have repaired the Products under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents. Refunds for the Products will be made by transfer to the Customer's bank account or by check sent to the Customer or by Paypal, no later than thirty (30) days following receipt by the Seller of the Customer's registered letter notifying the lack of conformity. or the existence of the hidden defect.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 10 - FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code. By express agreement, constitutes a case of force
major, without the list below being exhaustive:
- The absence of delivery or late delivery of the Products in the event of or disruption or national strike or total or partial strike of postal services and means of transport and / or communications, strike of the personnel of the Seller or of the supplier / partner / service provider / Vendor's carrier, in the event of political instability, significant change in applicable regulations, transfer or cessation of activity and / or liquidation of the Vendor or the Vendor's supplier / partner / service provider / carrier, shortage of raw materials;
- The theft or total or partial destruction of the Seller's stock;
- Unpredictable or inevitable events which cause a delay in deliveries or make deliveries difficult or impossible, in the event of a significant increase in the cost of transport / delivery at the expense of the Seller;
- Any impediment, limitation or disturbance due to natural disasters, fire, epidemics, explosion, storm, hurricane, earthquake, collapse of installations, flood, breakdown of electricity, war, embargo, law, injunction, demand or demand of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of CLEVER BEAUTY.
- In such circumstances, CLEVER BEAUTY will be exempt from the performance of its obligations within the limits of this impediment, limitation or inconvenience without compensation for the Customer. The Party noting the event must immediately inform the other party of its inability to perform its obligation and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor give rise to damages or penalties for delay.
ARTICLE 11 - TERMINATION OF THE CONTRACT IN THE EVENT OF DEFECTIVE DELIVERY OR LATE DELIVERY
In accordance with article L.216-2 of the Consumer Code, in the event of the Seller's failure to fulfill its obligation to deliver the Product at the expiration of the period provided for in the second paragraph of article 5 "Deliveries" or, default, and at the latest within thirty days after the conclusion of the contract, the Customer may terminate the contract, by registered letter with acknowledgment of receipt sent to the Seller's head office (Customer Service), if, after having ordered, under the same terms, CLEVER BEAUTY to make the delivery within a reasonable additional period, the latter was not carried out within this period.
The contract is considered terminated upon receipt by CLEVER BEAUTY of the Customer's registered letter informing it of this resolution, unless CLEVER BEAUTY has performed in the meantime.
In the event of termination of the contract, the sums paid by the Customer will then be returned to him at the latest within thirty (30) days following the date of termination of the contract, to the exclusion of any compensation or withholding. This clause is not intended to apply if the failure to deliver or the delay in delivery is due to a case of force majeure within the meaning of these GTC. In such a case, the Customer undertakes not to take legal action against CLEVER BEAUTY and waives the right to invoke the termination of the sale provided for in this article.
ARTICLE 12 - DATA PROCESSING AND FREEDOMS
The personal data requested from the Customer are necessary for processing their order and for preparing invoices, in particular. These data may be communicated to the Seller's partners responsible for the execution, processing, management and payment of orders as well as the transport and delivery of the Products. In accordance with the Data Protection Act of 6
January 1978, the Customer has, at any time, the right to access, rectify, and oppose his personal data by writing, by post and justifying his identity, to the Seller's address.
ARTICLE 13 - INTELLECTUAL PROPERTY
The content of the Site is the property of the Seller. Any total or partial reproduction is strictly prohibited and may constitute an offense of counterfeiting.
The photographs, videos, presentations, studies, texts, references, drawings, models, prototypes and graphics or any other element composing the Products are the exclusive property of CLEVER BEAUTY, protected by copyright, trademark law, the patent law or any other intellectual property right. The related rights are reserved.
The Customer shall refrain from any reproduction or use of said photographs, videos, presentations, studies, texts, references, drawings, models, prototypes, and graphics, without the express, written and prior authorization of the Seller who may make it conditional on financial compensation. . The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made at
other purposes are expressly prohibited. Any other use constitutes an infringement and is sanctioned under Intellectual Property, except with the prior written authorization of CLEVER BEAUTY. This contract does not constitute a waiver by CLEVER BEAUTY to assert its intellectual property rights.
ARTICLE 14 - GENERAL NON-WAIVER PROVISIONS
The fact, for CLEVER BEAUTY, not to avail itself temporarily or permanently of one or more
clauses of these T & Cs will in no case entail a waiver of their right to invoke them. Divisibility
If one of the clauses of these T & Cs were to be declared void by a court decision, this nullity may not void all the other clauses, which would continue to have their effect. In such a case, the parties must, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object hereof. Unfair clauses The T & Cs apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
ARTICLE 15 - APPLICABLE LAW - LANGUAGE
These GTC and the operations resulting from them are governed and subject to French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute or in the event of a contradiction between the French version and the foreign version of the GTC.
ARTICLE 16 - COMPLAINTS - DISPUTES
CLEVER BEAUTY makes every effort to give complete satisfaction to the Customer. For any dispute that may arise concerning the validity, interpretation, execution of these GTCS and / or annexes, as well as the resolution / termination of the contract, the Seller and the Customer undertake to meet within
as soon as possible and to find an amicable solution to their dispute.
In accordance with the provisions of the Code of
consumption concerning the amicable settlement of disputes, the Customer is informed that he may resort to a
mediator. The Customer can present his complaint on the platform put online by the European Commission (http://ec.europa.eu/consumers/odr/), which will forward the complaint to the competent national mediators.
ARTICLE 17 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact that a person orders on the Site implies full and complete acceptance and acceptance of these GTC and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document. , which would be unenforceable against the Seller.
ARTICLE 18 - MODIFICATION OF THE GTC
Given the possible changes to the website www.clever-beauty.com and the Products offered, CLEVER BEAUTY reserves the right to adapt or modify these GTC at any time. The new general conditions of sale will be applicable only to sales made after the modification.