of sale and use of the Website Applicable as from 1st March 2018
Article 1 – Definitions
“LE CLOS DES OLIVIERS” refers to the French société à responsabilité limitée (limited liability company), registered with the Tarascon Trade and Companies Registry under the number 822 839 908, whose registered office is located at c/ Mas de la Dame, route départementale 5, 13520 Les Baux de Provence, France (hereinafter “LE CLOS DES OLIVIERS”).
“Customer” refers to any private individual or legal entity wishing to acquire, as a consumer, the Products marketed by LE CLOS DES OLIVIERS
“Order” refers to the order form sent by LE CLOS DES OLIVIERS summarising the Customer’s requests.
“Customer Account” refers to the strictly personal area created by LE CLOS DES OLIVIERS on the Website.
“GTSU” refers to these general terms of sale and use of the Website.
“Special Terms” has the meaning stipulated in article 2 below.
“Contract” has the meaning stipulated in article 2 below.
“Data” refers to any compilation of data collected by LE CLOS DES OLIVIERS in relation to supplying the Products.
“Delivery” refers to the delivery of the Products by LE CLOS DES OLIVIERS in accordance with the Orders placed by the Customer.
“Products” refers to the cosmetic Products marketed by LE CLOS DES OLIVIERS and that may be ordered by a Customer and in particular the delivery of Products to the places indicated by the Customer.
“Website” refers to the LE CLOS DES OLIVIERS Website at the following URL address [.].
“Sale” refers to the actual purchase by the Customer which is formalised by the payment of the Product.
Article 2 – Purpose
2.1 These GTSU aim at informing the Customer of the characteristics of the Products marketed by LE CLOS DES OLIVIERS on the Website and in its sales outlets.
They also aim at defining the parties’ rights and obligations related to the sale of the Products to the Customer in the sales outlets or on the Website.
2.2 These GTSU apply unreservedly to all sales of Products, made both in its sales outlets and on the Website.
Any Order placed by the Customer therefore implies the acceptance of all of these GTSU, which the purchaser acknowledges having read prior to placing the Order.
2.3 LE CLOS DES OLIVIERS reserves the right to amend these GTSU at any time.
In the case of such amendment, the Sale will remain subject to the GTSU applicable on the date of the Sale of the Products to the Customer.
2.4 The fact that LE CLOS DES OLIVIERS does not take advantage at a given time of one of the clauses of these GTSU may not, in any event, be interpreted as a waiver of its right to take advantage of any of the said clauses at a later date.
2.5 The documents making up the Contract entered into between LE CLOS DES OLIVIERS and the Customer are these GTSU and the special terms signed between the parties and shown in the Order (hereinafter “the Special Terms” and together with the GTSU, the
“Contract”). The Contract thus created sets forth the whole agreement between the parties and replaces any previous documents issued by the parties. In the event of a contradiction between the GTSU and the Special Terms, the latter will prevail over these GTSU.
Article 3 – Information accessible on the Website – Limited liability
In order to use the Website with a computer or other device, the Customer must have access to the Internet with appropriate speed. Any costs related to such access will be borne exclusively by the Customer.
Furthermore, the Customer must have all necessary computer equipment in order to have access to the Internet. The Customer is responsible for ensuring that the latter’s equipment will not disrupt access to the Website and/or the placing of an Order.
LE CLOS DES OLIVIERS provides information and data, free of charge, on the Website, taking the greatest care to ensure it is kept up to date.
However, it is possible that certain inaccuracies, errors or omissions may be present in the description of each product communicated by the manufacturer.
LE CLOS DES OLIVIERS may not be held liable for these inaccuracies, errors or omissions in the information that has been communicated by the manufacturers of the Products.
However, LE CLOS DES OLIVIERS undertakes to correct these inaccuracies, errors or omissions when it is made aware of them.
Article 4 – Registration – Access to the Website
4.1 Placing an Order on the Website requires that the Customer opens a Customer Account, via the Website. The registration process requires the personal information (surname, first names, address, etc.) and bank details of the Customer. The Customer may unsubscribe at any
time by closing the Customer Account. To do so, the Customer simply clicks on the appropriate option in the settings of the said Customer Account.
4.2 In order to have access to the Website and to benefit from all of its functions, the Customer must have computer equipment or a mobile device, i.e. a computer and/or smartphone and/or electronic tablet. The Customer must use an appropriate Internet browser and have access to the Internet with an appropriate speed.
The Customer has access to the Website by connecting with the identifiers communicated to the latter by LE CLOS DES OLIVIERS. The identifiers are personal and confidential. They may only be changed upon request from the Customer or as decided by LE CLOS DES OLIVIERS as long as the Customer is informed of this beforehand.
The Customer is responsible for the protection and any use of the identifiers and is responsible for all resulting consequences for the Customer, LE CLOS DES OLIVIERS or third parties. If the Customer is aware of an unauthorised use of the identifiers and/or of the Customer Account, the Customer must inform LE CLOS DES OLIVIERS immediately. By connecting to the Customer Account, the Customer has access to the latter’s personal information, Orders completed or Orders in progress.
Article 5 – Orders
5.1 Any Order placed on the Website is deemed as acceptance of these GTSU. Furthermore, any Order implies a payment.
Consequently, the Orders may only be made by the Customer on the Website or in one of the sales outlets, with the exception of any other means.
No Order may therefore be placed by telephone.
Placing an Order on the Website is formalised by a series of stages that the Customer is invited to follow with a view to validating the Order.
The Customer may check the details of the Order and correct, where necessary, any incorrect information.
5.2 The Customer must indicate and validate the identification and quantity of the Products selected by it.
5.3 The Order is considered as definitively placed when the Customer is invited to click on the “Validate your payment” icon.
Once this stage is complete, the Customer may no longer cancel the Order, subject to the right of withdrawal granted to the Customer by article L.221-28 of the French Consumer Code as described in article 8 of these GTSU.
5.4 LE CLOS DES OLIVIERS reserves the right to suspend or cancel any Order placed by a customer in the event of partial or total lack of payment of a previous Order, or in the event of fraud or attempted fraud regarding the use of the Website for placing the Order in question or for a previous Order.
5.5 In accordance with the provisions of article L.213-1 of the French Consumer Code, when an Order is worth an amount equal to or more than €120, LE CLOS DES OLIVIERS maintains the written document acknowledging the Contract entered into between the latter and the Customer electronically for a period as from the date of signature of the Contract until the date of delivery and for a period of 10 years as from this date.
5.6 Orders placed on the Website are reserved for private individual customers for their own use.
Consequently, the maximum number of Products of a same reference is automatically limited to 5 per Order.
More generally, and in accordance with the provisions of article L.121-11 of the French Consumer Code, LE CLOS DES OLIVIERS reserves the right to refuse any order for legitimate grounds for which the number or amount does not correspond to a normal use of a household or which implies that an economic activity is being performed by the Customer in relation to the Products.
5.7 No Order may be validated if one of the fields indicated as compulsory has not been completed by the Customer when placing the Order.
Article 6 – Availability
The Products offered by LE CLOS DES OLIVIERS are available, subject to stock availability, as long as they are advertised on the Website.
Upon receipt of the Order placed by the Customer, LE CLOS DES OLIVIERS checks the availability of the Product(s) ordered by the Customer.
The Products ordered are allocated as a priority to the Customer having validated the Order first on a chronological basis.
In the event of unavailability after placing the Order by the Customer, the latter will be informed as soon as possible and by email of the unavailability of the Products and of the resulting total or partial cancellation of the Order.
In the event of total cancellation of the Order, the Customer’s bank account will not be debited.
In the event of partial cancellation of the Order, the Customer’s Order will be validated for the available Products and the account will only be debited for the amount corresponding to the available Products.
Article 7 – Proof of Orders
The emails and registration systems used on the Website will be binding between the parties as regards the nature and the date of the order.
Article 8 – Right of withdrawal
8.1 In accordance with the provisions of article L.221-28 of the French Consumer Code, the right of withdrawal may not be used in relation to certain contracts and in particular in contracts for the supply of goods which have been unsealed by the consumer after the delivery and
which cannot be returned for hygiene or health protection reasons.
The beauty Products unsealed by the Customer after their delivery may not therefore be the subject of a right of withdrawal.
In the event that the Products have not been unsealed by the Customer after their delivery, the Customer has a right of withdrawal of 14 days in accordance with article L.211-18 of the French Consumer Code.
This 14-day period begins as from receipt of the Products by the Customer, being specified that if this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
The Products involved in the right of withdrawal should then be returned by the Customer within 10 days following the communication of the latter’s decision to withdraw.
They should be returned in perfect condition and in their original packaging.
8.2 In accordance with the provisions of article L.221-24 of the French Consumer Code, when the Customer uses the right of withdrawal validly, LE CLOS DES OLIVIERS undertakes to refund the full amount paid including the one-way delivery costs at standard price, within fourteen days as from the date on which the Customer has informed LE CLOS DES OLIVIERS of the intention to withdraw, subject however to LE CLOS DES OLIVIERS having received the Product(s) or to the Customer having provided proof of sending the said Product.
Article 9 – Prices
The prices of the Products indicated in Euros on the Website are those applicable on the date on which the Customer places the Order.
These prices are only applicable on the Website and may be amended at any time by LE CLOS DES OLIVIERS.
The prices of the Products do not include the delivery costs, which are variable depending on the type of delivery chosen by the Customer, and which will be invoiced in addition to the sales price indicated.
The price is payable in full in one payment.
The value-added tax (VAT), at the rate in force on the date of placing the Order, is included in the sales prices indicated on the Website. Any amendment of the rate of VAT will lead to an immediate amendment of the sales prices indicated.
More generally, any tax, duty, bank costs or other amount to pay in accordance with French and/or European regulations will be borne by the Customer.
Article 10 – Invoicing
10.1 For a Sale made in a sales outlet, an invoice is provided directly to the Customer once the latter has paid for the Products.
This invoice, provided to the Customer at the same time as the Products, is binding between the
Parties as regards the supply of the said Product to the Customer.
The Customer to whom such an invoice has been provided may not claim the lack of concomitant receipt of the Product(s) thus invoiced.
The invoice provided directly to the Customer will be deemed as unreservedly accepted by the latter, unless it is immediately contested.
10.2 For a Sale made on the Website, an invoice is issued for each Order and made available to the Customer in the latter’s Customer Account.
Any claim related to the information contained in an invoice should be made known to LE CLOS DES OLIVIERS by email within 10 days of its receipt.
Where no such claim is made, the invoice is deemed as complying with the Order and considered as unreservedly accepted.
Any dispute that may arise between LE CLOS DES OLIVIERS and the Customer regarding certain information indicated on the invoice does not exempt the Customer from paying the uncontested part of the invoice.
Article 11 – Payment
The Customer provides guarantees on the fact that the latter holds the necessary authorisations to use the means of payment chosen for settling the Order.
11.1 Payment of Orders in sales outlets
Purchases made by the Customer directly in one of the sales outlets may be paid for in cash, by card or cheque, being specified that these payment methods may be combined.
11.2 Payment of Orders on the Website
Orders placed on the Website may only be paid electronically by bank card.
The payment is then made by the Customer according to the bank safety standards.
The bank details communicated by the Customer may not be intercepted by a third party, due to the encrypting software used on the Website. The Customer, by providing the bank details, unreservedly accepts that LE CLOS DES OLIVIERS performs the secure transaction.
Consequently, the Customer specifically authorises the latter’s bank to debit the bank account for an amount equal to that invoiced to the Customer, even in the absence of invoices signed by the holder of the bank card.
The payment of Orders placed on the Website is made on a secure bank payment platform benefiting from the secured SSL system.
The payment of the Order will be collected by LE CLOS DES OLIVIERS when the Order is ready to be shipped.
No Order on the Website may be paid for by cheque.
11.3 Late penalties or penalties for refused bank payment
In the event of a refused bank payment or unpaid amount by the Customer within a period of 10 days following the Order, penalties of an amount equal to the legal interest rate will be automatically applied to the unpaid amounts.
Article 12 – Delivery
The Products ordered on the Website in accordance with these GTSU will be delivered to the delivery address as indicated by the Customer when placing the Order.
The Products are shipped 4 days at the latest after the Customer has placed the Order.
The Customer may receive deliveries in France, Corsica and Monaco.
Deliveries may be made to a sales outlet (12.1), or to the Customer’s home address by Colissimo or by Chronopost (12.2).
12.1 Delivery to a sales outlet
If the Customer chooses the delivery in a sales outlet, the latter is informed by email and within 48 hours that the Order has arrived and is available in the sales outlet chosen by the Customer.
The Customer is informed that the Order must be collected within a period of fifteen (15) days. After this period, the Order is considered as cancelled and the Customer is refunded according to the methods chosen by LE CLOS DES OLIVIERS.
12.2 Delivery to home address by Colissimo or Chronopost
When the Customer chooses the delivery by Chronopost or Colissimo, this choice implies the unreserved acceptance of the general terms of sale related to these methods of delivery, available on the Colissimo and Chronopost websites.
Upon delivery, the Customer or a third party appointed by the Customer signs an electronic confirmation of receipt. This confirmation of receipt proves the delivery of the Order and the actual receipt by the Customer or a third party appointed by the latter of the Products ordered.
In the case of absence, the Customer or the third party appointed by the latter will receive an attempted-delivery notice enabling the Customer to agree, with the carrier, on a new date of delivery.
If the parcel has not been collected within a period of ten (10) working days as from the attempted-delivery notice, the parcel will be returned to LE CLOS DES OLIVIERS and the Customer will be refunded for the
amount of the Order according to the methods chosen by LE CLOS DES OLIVIERS, less the delivery costs.
In the event of an exceptional stock unavailability, the Customer will be informed immediately of the partial or total cancellation of the Order according to the number of Products ordered and unavailable.
If the stock unavailability affects all of the Products ordered, the amount corresponding to these Products will not be debited from the Customer’s account.
If the stock unavailability only affects certain Products ordered, the amount debited from the Customer’s account will be reduced to the amount of the Products ordered and available only.
A delay of more than ten (10) days in the delivery may entail the cancellation of the sale by the Customer which will waive the Order by registered letter with confirmation of receipt, within a period of sixty (60) business days as from the date of delivery indicated. Where appropriate, the Customer will return the Products if they have been delivered and will receive from LE CLOS DES OLIVIERS, at the latest within a period of thirty (30) days, the refund of the payment, with the exclusion of any indemnity.
Furthermore, in the event of occurrence of a force majeure event making the delivery impossible or likely to disrupt it, LE CLOS DES OLIVIERS undertakes to inform the Customer of this, by email within a reasonable period.
Article 13 – Receipt of Products and transfer of risks
The risk of loss or damage of the Products is transferred to the Customer as soon as the latter, or a third party appointed by the latter, takes physical possession of the Products.
If the Customer decides to use the services of a carrier other than that proposed by LE CLOS DES OLIVIERS, the risk indicated above will be transferred to the Customer as soon as the Products are handed physically to this carrier with a view to their Delivery.
Furthermore, the Customer or the third party appointed by the latter and receiving the parcel, must check the compliance and completeness of the Products shipped, immediately.
If the parcel does not comply or if its condition is altered, the Customer or the third party appointed by the latter should set forth complete and precise reservations and observations on the delivery form.
If no reservation or observation is indicated on the delivery form, the Products will be deemed to have been delivered in perfect condition.
LE CLOS DES OLIVIERS may not be held liable in the case of loss of the parcel by the third party appointed by the Customer after receipt of the said parcel.
Article 14 – Warranties
The Customer benefits from the legal warranty on hidden defects as a result of articles 1641 to 1649 of the French Civil Code and the legal compliance warranty stipulated in articles L.217-4 and thereafter of the French Consumer Code.
14.1 Hidden defects
In accordance with the provisions of article 1641 of the French Civil Code:
“The seller is bound by the warranty due to hidden defects of the item sold making it unfit for its purpose, or which reduce its use to such an extent that the purchaser would not have acquired it or would only have paid a lower price for it, had the purchaser known of its defects. »
In accordance with the provisions of article 1648 of the French Civil Code:
“The action as a result of latent defects must be brought by the purchaser within two years as from discovery of the defect.”
14.2 Legal compliance warranty
In accordance with the provisions of article L.211-4 of the French Consumer Code:
“The seller is required to deliver a product which complies with the contract and is held liable for any lack of compliance which exists upon delivery.
It is also held liable for any lack of compliance caused by the packaging or the assembly instructions, or the installation if the seller was responsible for this or had it carried out under the latter’s responsibility.”
In accordance with the provisions of article L.211-5 of the French Consumer Code:
“To comply with the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, in particular advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
In accordance with the provisions of article L.211-12 of the French Consumer Code:
“Action resulting from lack of compliance lapses two years after delivery of the product.”
In the event of lack of compliance (Product unfit for purpose usually expected from a similar Product, etc.) or in the presence of a hidden defect of the Product (Product unfit for its intended purpose, etc.), the Customer has a period of two years in which to take action as from discovery of the defect or as from delivery of the Products.
In the event of a lack of compliance, the Customer has the choice between the repair of the Product or its replacement subject to this choice not generating a clearly disproportionate cost for LE CLOS DES OLIVIERS which may then choose the method not chosen by the Customer.
If the repair or replacement of the Product is not possible, the Customer may return it and be refunded for the price of the Product, or keep it and be refunded for a part of the price.
Article 15 – Brand – Intellectual property
The LE CLOS DES OLIVIERS brand is and remains the exclusive ownership of LE CLOS DES OLIVIERS.
In accordance with the French Intellectual Property Code, the Website and all of its elements, brands, drawings, models, logos, graphic elements and any other elements are the exclusive ownership of LE CLOS DES OLIVIERS or its suppliers.
The use of the Website by the Customer may not lead to granting the latter any licence whatsoever or any right other than that of consulting the Website and using it with a view to ordering Products.
Therefore, any copy, reproduction or use of any element whatsoever of the Website, for any purpose other than the Customer’s personal and private use is strictly prohibited.
Article 16 – Responsibility
16.1 LE CLOS DES OLIVIERS undertakes to ensure the correct performance of the Contract.
LE CLOS DES OLIVIERS may be exempt from all or part of its liability by providing proof that the lack of performance or poor performance of the Contract is attributable:
LE CLOS DES OLIVIERS may not be held liable for the lack of performance of the Contract in the case of a force majeure event, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications.
16.2 LE CLOS DES OLIVIERS does not guarantee that the Products meet with the Customer’s requirements. The Customer is responsible for assessing the latter’s needs, carefully and precisely, and for assessing the suitability of the Products ordered.
The Customer is exclusively liable for the latter’s use of the Products. The Customer undertakes to use the Products purchased in compliance with the legislation and regulations in force.
LE CLOS DES OLIVIERS may not be held liable for any non-compliant use of the Product by the Customer, in particular in light of the information indicated on the label of each Product and the use-by date of each Product.
More precisely, LE CLOS DES OLIVIERS may not be held liable for any allergic reaction of the Customer to a component of the Product, clearly indicated on its label.
Article 17 – Personal Data
The Data collected and/or processed on behalf of the Customer in relation to the sale of the Products belongs exclusively to the Customer.
However, LE CLOS DES OLIVIERS has a right to use and exploit it as part of its activity. Such data is required for processing the Customer’s Order and issuing invoices. It may be communicated to the partners of LE CLOS DES OLIVIERS, in particular those in charge of delivering the Orders.
In accordance with the French Data Protection law of 6th January 1978, nominative information related to the Customer may be involved in automated processing. The processing of information communicated via the Website [.] has been set forth in a declaration sent to the CNIL (French Data Protection Agency): declaration [.].
The Customer has a permanent right to access, amend, rectify and object to Data about the latter in accordance with the law of 6th January 1978.
The confidentiality of the Data is protected by LE CLOS DES OLIVIERS which grants a high level of importance to this. LE CLOS DES OLIVIERS takes all useful measures to protect confidentiality.
Article 18 – Independence of the provisions of these GTSU
If one or several provisions of these GTSU are considered as not valid or declared as such in accordance with a law, regulation or further to a final ruling from a court with jurisdiction, the other provisions will maintain their full effect and scope.
Article 19 – Language
These GTSU are drafted in French. In the event that they are translated into one or several foreign languages, only the text will be binding in the case of a dispute.
Article 20 – Disputes
Any dispute that may arise regarding the signature, interpretation, performance or termination of the Contract will be referred to the jurisdiction of the Courts in the place of residence of the defendant or in the place of actual delivery of the item.
Relations between LE CLOS DES OLIVIERS and the Customer are subject to French law.
Article 21 – Lack of waiver
The fact that LE CLOS DES OLIVIERS does not claim, at a given time, the performance of one of the provisions of these GTSU, may not be analysed as a waiver by the latter of its right to claim the performance of such provision at a later date.
Article 22 – Accessibility of these GTSU
These GTSU may be accessed by the Customer on the Website. To consult them, the Customer should simply click on the “General Terms of Sale” tab.
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LE CLOS DES OLIVIERS
French Société à responsabilité limitée
(limited liability company)
Share capital: 10 000 Euros
Headquarters: c/ Mas de la Dame, route départementale 5,
13520 Les Baux de Provence, France
Tarascon Trade and Companies
Registry no. 822 839 908