General Terms and Conditions of Sale

Your Terms of Sale

ARTICLE 1 – GENERAL PROVISIONS

These general terms and conditions of sale govern the relationship between, on the one hand, the company C.A.BIO, RCS Saint-Etienne 453 246 803, with its registered office at 999 route de Bénière - 42480 La Fouillouse, hereinafter referred to as "Peau-Ethique" or under its domain name www.peau-ethique.com, and on the other hand, the person who makes a remote purchase (online or by mail), hereinafter referred to as the "Client".

The Parties agree that orders placed with Peau-Ethique via the various means made available to the Client are governed exclusively by these general terms and conditions of sale, to the exclusion of any other conditions that may be available on the website www.peau-ethique.com

ARTICLE 2 - PRODUCTS

The photographs illustrating the products are as accurate as possible but may not always ensure a perfect similarity with the product offered, particularly with regard to colours.

Photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the products, are not part of the contractual scope. Consequently, in the event of an error or omission of any of these elements or in the event of modification of said elements, Peau-Ethique cannot be held liable. The buyer remains solely responsible for judging the compatibility of the ordered products with the presentation materials already in their possession. Products presented are delivered within the limits of available stock. When a ordered product is unavailable, the customer is immediately informed by e-mail. In case of unavailability or stockout, the item is removed from the catalog as soon as possible, and the customer can request a refund or a credit for a future order.

ARTICLE 3 – ORDERING METHODS

Clients can order on our www.peau-ethique.com using two methods:

- Online: www.peau-ethique.com
- By mail: C.A.BIO Peau-Ethique, 999 route de Bénière - 42480 La Fouillouse

The Client declares having read and accepted these general terms and conditions of sale before validating the order, i.e., by checking the box on the "summary" page of the order on the website.

The data recorded by Peau-Ethique constitutes proof of all transactions carried out between Peau-Ethique and its Clients. Peau-Ethique will systematically confirm the Client's order and then its shipment by email. Any order confirmed by the Client constitutes the conclusion of the sales contract. The Client is deemed to have knowingly and unreservedly accepted the prices, volumes, and quantities offered for sale and the clauses contained in these general terms and conditions of sale. A confirmation email summarizing the order, the delivery methods, and times (products, price, quantity, etc.) will be sent to the Client by Peau-Ethique.

The information stated by the Client when placing the order is binding: in case of an error in the recipient's contact details, Peau-Ethique cannot be held responsible for any inability to deliver the product.

The order will only be taken into account by Peau-Ethique if the Client has clearly identified themselves by providing the required information in the order form (name, address, telephone, email, etc.).

When registering the Client's personal data in the "my account" section, the Client must ensure the accuracy and completeness of the mandatory data they provide. Any subsequent modification must be mentioned as soon as possible.

The Client declares to have the legal capacity or to hold parental authorization if they are a minor, allowing them to place an order on the site.

ARTICLE 4: VALIDATION

Clicking the "Validate" button at the end of the ordering process implies full and unreserved acceptance of the order and these General Terms and Conditions of Sale.

ARTICLE 5: DELIVERY

Products will be sent to the delivery address indicated by the buyer during the order process. Participation in processing and shipping costs includes VAT.

Upon dispatch of a complete order, Peau-Ethique provides an original invoice including delivery costs and VAT, which can be downloaded directly from the customer account.

Deliveries to Metropolitan France, including Corsica, Monaco, and Andorra, are carried out by La Poste via Colissimo, or Lettre Suivie, or Mondial Relay. Deliveries to Overseas Departments (DOM: Guadeloupe, Guyana, Martinique, Mayotte, Reunion), Overseas Territories (TOM: New Caledonia, French Polynesia, Wallis and Futuna, French Southern and Antarctic Lands), and local authorities (Saint-Pierre-et-Miquelon) are carried out by La Poste via Colissimo Access. All information relating to the delivery conditions of postal services is available on http://www.colissimo.fr/ and www.mondialrelay.fr

For deliveries outside mainland France, the customer undertakes to pay all taxes due on the import of products, customs duties, value-added tax, and all other taxes due under the laws of the country receiving the order. All orders placed with Peau-Ethique are for the personal use of customers; customers or recipients of the products are prohibited from any partial or total resale of the products. Peau-Ethique is therefore released from all legal responsibility if the payment of taxes is not made by the customer. Deliveries to EU and non-EU countries are made by La Poste via Colissimo International Access (or Mondial Relay for certain countries).

Packages are delivered without a signature to the address the customer provided on their order, directly to their mailbox, provided that the mailbox meets La Poste's standards. If access is not possible, a delivery notice is left in the mailbox: the package can then be collected from the post office mentioned on the notice within 15 days of its deposit. After this period, the package is returned to the sender. It can then only be re-sent after the customer has paid new shipping costs. If the customer refuses redelivery, they will be reimbursed for the amount of their order minus shipping costs.

If the delivery address is different from the billing address, the client must indicate these two separate addresses in the section provided for this purpose when placing the order. The client must also provide all useful delivery information when placing their order to allow the carrier to proceed with delivery. In the event of incorrect or incomplete information that resulted in the carrier's inability to deliver, a second delivery will be made after the goods have been returned by the carrier to Peau-Ethique, subject to the client's prior payment of new shipping costs.

For reasons of availability, an order may be delivered to the customer in several instalments. The customer then only pays the shipping costs once. If the customer wishes two different delivery locations, they then place 2 orders and pay the delivery costs for two separate orders.

Unless otherwise stipulated, products are delivered within the deadlines indicated below, when the order is placed. Exceeding the deadline may lead to the cancellation of the order by the Client (except in cases of force majeure), if they request it and their order is not in logistical preparation.

Delivery times are average times corresponding to average processing and delivery times. These times vary depending on the destination and do not include public holidays or weekends.

The delivery time is a maximum of 2 weeks (working days) except in cases of force majeure and unless otherwise indicated on the site (holidays, inventory...). Peau-Ethique undertakes to minimize the delivery time to 72 hours (working days) as much as possible, with every order placed before 12 pm from Monday to Friday being prepared and shipped on the same day.

In the event of non-compliance with the delivery deadline indicated to the client during the confirmation of their order, the Client may obtain cancellation of the sale.

From the exercise of the right of cancellation, Peau-Ethique will issue a refund according to the terms agreed with the client within 30 days following the date on which the right was exercised.

The customer has 48 hours to make any reservations with the carrier in case of missing items or damage. If the delivered products do not conform in nature or quantity to the specifications indicated on the delivery note, the Client must, failing which they will forfeit their right, submit their complaints within seven days after delivery.

When a package leaves Peau-Ethique's warehouses, it is shipped by La Poste, registered mail with a tracking number. Peau-Ethique sends an email informing the customer of the shipment of their order with the shipment tracking number. However, if 5 working days after the package is shipped, the Client has no news of their order, they must contact La Poste as well as Peau-Ethique, who will then file a claim with La Poste to locate the package.

If neither the post office nor the parcel tracking system can trace the parcel, the Client must then contact Peau-Ethique. For any tracked shipment without signature indicated as delivered by the La Poste website, but which the Client has not received, Peau-Ethique will not be able to intervene, and the Client must contact their nearest post office.

Peau-Ethique Customer Service will then open an investigation with La Poste. The Client will then receive an email indicating that an investigation is underway. The final response times from La Poste vary from one to three weeks, starting from the date the email was sent to the Client. Pending La Poste's response, Peau-Ethique is not obliged to refund or replace the package pending delivery, without a firm and definitive response from La Poste's services. After investigation and response from La Poste, indicating that the package is lost, Peau-Ethique will resend the merchandise or refund it according to the customer's choice. If, on the other hand, La Poste asserts that the package was delivered to the customer, Peau-Ethique will neither refund nor resend the merchandise.

 

ARTICLE 5: PAYMENT

Payment can be made by bank card, check, or PayPal.

The buyer expressly declares that they have all the necessary authorizations to use the payment method they have chosen at the time of validating their order. They also undertake to ensure their solvency before any order. The company Peau-Ethique reserves the right to suspend or cancel any order or delivery in the event of refusal to issue payment authorization by the financial institutions consulted, depending on the payment method chosen by the buyer. The buyer is also warned that the company Peau-Ethique may analyze and/or verify orders placed to protect against potential fraud, and in this context reserves the right to request any supporting documents it deems useful from the customer. Following this procedure, it reserves the right to suspend or cancel any order or delivery, even if payment authorization has been issued by the financial institutions concerned, in cases where this analysis and/or these verifications suggest that the said order is placed in fraud of the rights of a third party. Furthermore, it cannot be held liable for any embezzlement or fraudulent use of any payment method that was not detected by this analysis and/or verification procedure. Payment is made by bank card bearing the CB, Visa, or Mastercard logo. Online, secure payment allows the customer to pay via Peau-Ethique's banking partner's server (Crédit Mutuel) in a secure environment. The customer's bank card number is therefore directed to the bank's servers, payment is made directly to the bank in a secure environment without going through the store's server. The numbers are only known to the banking partner. We do not save any data in our databases. The order validated by the customer will only be considered effective once the concerned bank payment centres have given their agreement. In case of refusal by said centres, the order will be automatically cancelled and the customer notified by email. Furthermore, Peau-Ethique reserves the right to refuse any order from a customer with whom a dispute exists.

For payments by bank check, the order validated by the Client will only be considered effective once the check has been credited to Peau-Ethique's account. In case of bank refusal, the order will be automatically cancelled and the Client notified by email.

ARTICLE 6: COMPLAINTS

This contract is subject to French law. Peau-Ethique cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, that may result from a malfunction or misuse of the marketed products. The same applies to any modifications to the products resulting from manufacturers. In any event, Peau-Ethique's liability will be limited to the amount of the order and cannot be invoked for simple errors or omissions that may have persisted despite all precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, notably with the help of: a professional association in the sector, a consumer association, or any other advisor of their choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that, as a general rule and subject to the appreciation of the Courts, compliance with the provisions of this contract relating to the contractual guarantee implies that the buyer honours their financial commitments to the seller. In case of dispute, the customer will first contact the company to obtain an amicable solution. Failing this, the Commercial Court of Saint-Etienne shall have sole jurisdiction, regardless of the place of delivery and the payment method accepted.

ARTICLE 7: WITHDRAWAL

The client can, after validating their order, withdraw. They simply need to call Peau-Ethique or send an email to contact@peau-ethique.com to inform them. If the order has not yet been shipped, Peau-Ethique will confirm the cancellation of the order by email. No fees will be charged to the client, and the amount of their order will be refunded to them within 48 hours of their withdrawal directly to their bank account, PayPal account, or by bank check, depending on their initial payment method.

The customer has a withdrawal period of fourteen working days from the delivery of their order, allowing them to return their purchase to Peau-Ethique for exchange or refund, in accordance with the provisions of Articles L 221-18 of the Consumer Code. All products are exchangeable or refundable except for socks and tights for hygiene reasons, as well as promotional products discounted by more than 70%. This exchange or refund will be made without penalties. The customer can beforehand inform of their intention to return the package within the framework of exercising their right of withdrawal to the email address contact@peau-ethique.com. The delivered products must be returned in perfect resale condition, intact, in their original packaging, neither worn nor washed, at the customer's expense and under their responsibility, it being their responsibility to insure the transport, to the following address: C.A.BIO Peau-Ethique, 999 route de Bénière - 42480 La Fouillouse. Subject to compliance with the above provisions, the company Peau-Ethique will proceed with the refund within 14 days following receipt of the products.

If the customer refuses to collect their package at the post office or Mondial Relay pickup point, no refund will be issued. The costs of returning the package (by post or Mondial Relay) incurred by the customer remain their responsibility. A purchase voucher is possible (after deducting the return paid by Peau-Ethique) or the return of the package at the customer's expense.

Given that the package remained 14 days at the post office or relay point, no refund or exchange can therefore be made.

No exchange or refund can be made on the purchase voucher.

ARTICLE 8: PRICE

On the www.peau-ethique.com website, prices are expressed in euros and include all taxes. The prices indicated on the product sheets do not include participation in shipping costs. Participation in transport costs is 6.50 euros including VAT (by post) and 5.80 € (by Mondial Relay) per order, and offered from 69 euros including VAT of purchase. The price indicated at the order confirmation is the final price, expressed all taxes included and particularly including VAT for France and European Union countries. This price includes the price of the products, handling, packaging and storage costs, as well as participation in transport costs. It is payable in cash on the day of the effective order.

Customs duties or other local taxes or import duties or state taxes may be applicable. They shall be borne by the customer and are their sole responsibility both in terms of declarations and payments to the competent authorities and/or bodies of the destination country.

ARTICLE 9: TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

Ownership of the products will only be transferred to the buyer after full payment of the price by the latter, regardless of the delivery date of said products. However, the transfer of risks of loss and deterioration of the products will take place upon delivery and receipt of said products by the Buyer.

ARTICLE 10: RIGHT OF ACCESS AND RECTIFICATION

The provision of personal information collected for distance selling purposes is mandatory, as this information is essential for processing and shipping orders, and for establishing invoices and warranty contracts. Failure to provide this information will result in the non-validation of the order. In accordance with the "Informatique et Libertés" (Data Protection) law, the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has (Article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning them, which they can exercise with Peau-Ethique. Furthermore, Peau-Ethique undertakes not to disclose, free of charge or for consideration, its customers' contact details to a third party, except with the explicit agreement of the customers.

ARTICLE 11: APPLICABLE LAW

All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, will be subject to French law. The courts of Saint-Etienne, courts of the registered office of C.A.BIO where the contract between the parties is formed, will have jurisdiction.

ARTICLE 12: ACCEPTANCE BY THE BUYER

These general terms and conditions of sale and the prices are expressly agreed upon and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to invoke any contradictory document, in particular, its own general terms and conditions of purchase, the act of purchase entailing acceptance of these general terms and conditions of sale.

These conditions are subject to change at any time without prior notice.

ARTICLE 13: CONFIDENTIALITY

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*/ Retention of your information

We retain your information for the entire duration of your account's life.
After 3 years of inactivity on your C.A.BIO account, we will proceed to delete your account and your personal information.

Your information is also retained for legal or regulatory obligations, to resolve disputes, prevent fraud and abuse, or to enforce our terms and conditions.

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*/ Your rights

You have rights regarding your personal information.
Here are the rights you have in this regard.

First, you have the right to access the personal information that C.A.BIO holds about you and you have the right to be informed about how we use this information.

If we hold incorrect information about you, you can modify your personal information directly in your C.A.BIO account whenever you wish.

You have the right to ask us to delete your personal information or to stop using it in certain circumstances.

You can stop receiving newsletters whenever you wish (simply click on "unsubscribe" at the bottom of the newsletter you received by email).

Finally, in case of difficulty in exercising your rights, you have the right to contact the French National Commission for Data Protection (CNIL).

C.A.BIO may make changes to the processing of your data.
In this case, we will communicate these changes on our website.

If you have any questions or would like to comment on this information, please do not hesitate to contact us.