These General Terms and Conditions of Sale (hereinafter “the GTCS“) apply to all contracts for the retail sale of cosmetic products (hereinafter “the Product (s)”) entered into by LES POULETTES (simplified joint-stock company with a capital of 50,000 euros, domiciled 43, rue Raffet 75016 Paris, registered with the RCS of Paris under the number 834 060 253) and its customers natural persons for their personal needs (hereinafter “the Customers“). LES POULETTES reserves the right to derogate from certain clauses of the GTCS, according to the negotiations conducted with the Customer, by the establishment of Special Terms of Sale. These Terms cannot be deleted in whole or in part, modified or subject to additional stipulations unless under a written agreement signed by LES POULETTES.
Orders are placed via the internet via the LES POULETTES website (hereinafter “the Website“) or the LES POULETTES Facebook page. The order is considered concluded and perfect after acceptance of the GTCS and payment and this, subject to the right of withdrawal provided for in Article 5 of these GTCS. Products can be ordered within the limits of available stocks. The indications on the availability or not of the Products are transmitted to the Customer before the placing of the order and the payment of the Price. The Customer certifies the accuracy of all information provided during the order. LES POULETTES reserves the right to cancel the order in case of force majeure, fraud, misinformation provided by the Customer when ordering or if the order does not correspond to a sale to the detail and this, in accordance with Article 121-11 of the Consumer Code. In case of cancellation, LES POULETTES undertakes to reimburse the price of the Products ordered as soon as possible.
The Products are sold at the current prices indicated by LES POULETTES on the Website on the day of placing the order. Prices may be changed by LES POULETTES at any time. Rates are inclusive of VAT and include packaging. Unless special conditions and / or exceeding the amount of the order as indicated on the Website, shipping and delivery costs are the responsibility of the Customer. These shipping and delivery charges are indicated on the Website before placing the order and paying the price.
The price is payable by credit card (Blue, Visa, Mastercard), PayPal account or any other method of payment provided on the Website.
LES POULETTES will only deliver the order once the entire price has been paid. If LES POULETTES agrees, by way of derogation, to proceed to the delivery of the order without having been paid, it reserves a right of ownership over the Products sold, until full payment of the price by the Customer, allowing him to repossess said Products. In this case, any deposit paid by the Customer will be retained by LES POULETTES as a lump sum indemnity, without prejudice to any other actions that it would be entitled to bring against the Client. The Customer is required to reimburse, upon request, all costs that LES POULETTES incurred for the recovery of any unpaid sums, for the claim and removal of the Products, including extra-judicial costs and legal fees.
5. Right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of 14 days from receipt of the Products ordered, to exercise his legal right of withdrawal without having to justify his decision.
The right of withdrawal cannot be exercised for orders for Products that have been opened or used by the Customer after delivery. The Customer exercises his right of withdrawal by returning by email the withdrawal form attached to the GTCS and the Products in perfect condition. Products subject to a right of withdrawal will be reimbursed by LES POULETTES as soon as possible. The costs of return are the responsibility of LES POULETTES. Any Product returning damaged, missing or used will not give rise to refund.
The Products are delivered by LES POULETTES to the address indicated by the Customer when ordering, according to the shipping conditions indicated on the Website. The delivery times inherent to the mode of transport are indicative and without commitment on the part of LES POULETTES. Consequently, the possible delays cannot give rise to payment of indemnities on the part of LES POULETTES. Any case of force majeure suspends, during its duration, the execution of the order and extends all the time of delivery.
7. Use and warranty
The Products are certified by Ecocert and comply with the French and European cosmetic regulations (Regulation (EU) 2017/1413 European Commission of 3 August 2017). The Products benefit from the legal guarantee of conformity as provided by article L217-4 and following of the Code of the Consumption and the guarantee against latent defects, provided for in article 1641 of the Civil Code. On the other hand, products that are open, used or modified are excluded from these guarantees.
The Customer undertakes to use the Product in accordance with its purpose and the usage tips indicated on the Website and on the Product. Products sold cannot be resold and must be used by Customers for their own purposes (or for gift purposes in the family circle and / or friendly). LES POULETTES is not responsible for any use that does not comply with the provisions of this clause. In accordance with Article L.111-1 of the Consumer Code, the Customer is informed of the composition of the Products (INCI list) indicated on the website and on the back of the Product packaging and acknowledges that it does not is allergic to any of the components. Therefore, in case of allergy to one of the components, the Customer agrees not to engage the responsibility of LES POULETTES.
In case of apparent defect of a Product upon delivery or missing Product, the Customer must inform LES POULETTES, within 48 hours, and by registered mail addressed to the head office of LES POULETTES. LES POULETTES may, as far as possible, replace or refund the Product, without this possibility constituting an obligation of result.
9. Intellectual property
The brand LES POULETTES as well as all logos, drawings and illustrations appearing on the packaging of the Products or on the Website are and remain the exclusive property of LES POULETTES or the owner of the intellectual property rights concerned.
Any total or partial reproduction, modification or use of the trademark, illustrations, images and logos or the content of the Website for any reason and on any medium whatsoever, without the agreement of LES POULETTES or the right holder intellectual property concerned is strictly prohibited. It is the same for all copyrights, designs, patents and / or used on the site and on the Products.
10. “IT and Freedoms”
LES POULETTES collects personal data from the Customer as well as, where applicable, those of the recipient of the order. The Customer is informed that this automated processing of information, including the management of users’ e-mail addresses, has been declared to the CNIL.
11. Governing Law and Jurisdiction
These Terms are subject to French law. In case of dispute, only the Commercial Court of Paris will be competent, even in case of plurality of defendants or warranty.
Version of the month of March 2018