Terms of sales
PRELIMINARY ARTICLE SAS TERRE BERBERE markets the cosmetic products Igrane® Cosmetics (hereinafter referred to as “Products”).
TERRE BERBERE has decided to set up, in parallel to the points of sale where the Products are sold, its own online sales website. TERRE BERBERE sells the products on its website only at retail and to end consumers. Any order that is not obviously a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by TERRE BERBERE as null and void.
DEFINITIONS “Customer(s)” refers to the internet user(s) browsing the Site and making an online purchase of Product(s) for personal purposes.
“General Sales Conditions” or “GSC” refers to the present General Sales Conditions for Products on the Site.
“Party(ies)” refers alternately or collectively to TERRE BERBERE and/or the Customer(s).
“Product(s)” refers to the perfumery and cosmetics products of the registered brand Igrane® Cosmetics offered for sale on the Site under the terms of article 3 below.
“Site” refers to the e-commerce website of the company TERRE BERBERE accessible via the Internet at the following address: http://www.igranecosmetics.com/ offering the Products for sale.
COMPANY IDENTITY SAS TERRE BERBERE
With a capital of 2,000 €
Whose head office is at 8, rue du cerf 67200 STRASBOURG – France
Registered with the RCS: 884123951 R.C.S Strasbourg
Phone: 00 33 (0) 6 84 50 96 10
PURPOSE: SCOPE OF THE GENERAL SALES CONDITIONS The present General Sales Conditions aim to define the online sales terms of the Products by TERRE BERBERE to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
The General Sales Conditions are available to Customers on the Site.
They determine all the steps necessary for placing the order and ensure the follow-up of this order between the Parties.
By ordering a Product on the Site, the Customer acknowledges, by ticking a box provided for this purpose, having read the General Sales Conditions in effect on the day of the order before placing his order and having accepted them without reservation, this acceptance not being conditioned by the customer’s handwritten signature.
It is specified that the Customer can save or print these General Sales Conditions.
TERRE BERBERE reserves the right to update the General Sales Conditions at any time. In case of modification of the GSC, the applicable GSC are those in effect on the order date.
The General Sales Conditions apply to all online sales made on the Site to the exclusion of any other document, especially the conditions applicable in BtoB for sales in stores or through other distribution and marketing channels.
PRODUCTS 4.1. Description of the Products
The Products offered for sale by TERRE BERBERE are those listed on the Site on the day the Site is viewed by the Customer, subject to availability. TERRE BERBERE reserves the right to remove Products from sale at any time.
TERRE BERBERE takes great care in presenting the Products on the Site to meet the requirements of Article L.111-1 of the Consumer Code. However, the photographs illustrating the Products are indicative only and are not contractual.
Indeed, while every effort is made to ensure that the colors of the Products, whose photos are displayed on the Site, are true to the original products, variations may occur, especially due to the technical limitations of color rendering on computer equipment. Consequently, TERRE BERBERE cannot be held responsible for errors or inaccuracies in the photographs or graphical representations of the Products presented on the Site.
For any questions related to the purchase of Products and their use, or for advice requests, the buyer can contact Customer Service:
- by email at the following address firstname.lastname@example.org or
- By phone at 00 33 (0) 6 84 50 96 10 from 9 a.m. to 6 p.m.
4.2. Product Availability
The Products are offered subject to availability. TERRE BERBERE does not guarantee the availability of the Products presented on the Site. If a Product is unavailable, the Customer will be informed by viewing the Availability status.
PRICE The Product prices are fixed. They are stated in euros. The applicable rate is that indicated on the Site, unless there is a typographical error.
These prices include the VAT applicable on the day of the order but do not include packaging and delivery fees, which will be billed separately and specified to the Client during the final validation of the order.
The shipping fee will be indicated before the order is registered by the buyer. The various shipping methods are provided below in the General Sales Conditions and can be modified at any time by TERRE BERBERE.
The price invoiced to the Client is the price indicated on the order confirmation, displayed on the Site during the order confirmation and sent by email by TERRE BERBERE.
TERRE BERBERE reserves the right, which the Client accepts, to modify its prices at any time, with the only requirement being to post the modifications on the Site. However, these changes will not affect orders that TERRE BERBERE accepted before these changes took effect, subject to the availability of the ordered Products.
RESERVATION OF OWNERSHIP The ordered Products remain the property of TERRE BERBERE until full payment of their price by TERRE BERBERE. However, from the actual delivery date, the risks (in particular of loss, theft, or damage) concerning the delivered Products are assumed by the Client.
ORDERING PROCESS 7.1. Browsing the Site
The Client can review the various Products offered for sale by TERRE BERBERE on the Site. The Client can navigate freely through the different pages of the Site without being committed to placing an order.
7.2. Registering the order
It is specified that the Products are intended for the Client’s personal use, unrelated to their professional activity. In this respect, the Client is particularly alerted that they cannot order more than ten (10) Products of the same reference per month.
If an order exceeds the above number, the order will be considered null and void and will not be taken into account.
To place an order on the Site, the Client must be of legal age, have legal capacity, and hold a credit card or a Paypal account.
To place an order, the Client can:
- Pay as a guest without creating an account
If the Client wishes to place an order, they will select the various Products they wish to purchase by clicking on the “Buy now” button and, if necessary, specify the desired quantities.
After filling their virtual cart, the Client clicks on the “Continue to payment” button and provides information related to delivery and payment mode.
7.3. Eligible delivery territory for an order
The Client can place an order for Products for a given Territory. In some territories, it’s possible that the Products are subject to customs duties that must be paid before taking possession of the Product. TERRE BERBERE is in no way responsible for disputes that may arise with the competent authorities of the given territory.
7.4. Final validation of the order
To definitively validate their order, the Client must tick the box next to the message “By validating your order, you proceed to payment and accept the General Sales Conditions” to definitively validate their order after having chosen the payment method offered on the same page.
Any order therefore means acceptance of these General Sales Conditions.
Moreover, to definitively validate their order, the Client must click on the “Place the order” button.
Before clicking on the “Place the order” button, the Client has the opportunity to:
- Check the details of their order and its total price
- Go back to previous pages to correct any errors made in data entry or modify their order
From the moment the Client confirms their order by clicking on the “Place the order” icon, the Client can no longer cancel or modify their order.
However, upon receipt of the order, the Client can exercise their right of withdrawal under the conditions provided in article 12 of these General Sales Conditions.
After the Client’s payment validation, a confirmation of the order’s acceptance will be sent by email to the Client by TERRE BERBERE.
The sale will only be considered as definitively formed after the Client’s payment validation and the receipt by the Client of the email confirming the order’s acceptance by TERRE BERBERE.
The Client’s payment validation and the acceptance email from TERRE BERBERE will serve as proof of acceptance of said order and its definitive validation. These elements will warrant the claim of the amounts committed by the entry of the Products listed on the order.
7.5. Order Refusal
TERRE BERBERE reserves the right to refuse any order in the case of:
- Exceeding the order limits indicated in Article 7.2 of these terms;
- An existing dispute with the Customer;
- Partial or full non-payment of a previous order by the Customer;
- Payment authorization refusal by credit card from the payment providers Stripe or Paypal used by TERRE BERBERE to detect credit card fraud;
- An abnormal nature of the order, especially when ordering in quantities and/or amounts unusual for an end consumer.
ARCHIVING AND PROOF OF CONTRACT The Customer agrees that exchanges between the Parties will be by email.
The storage on TERRE BERBERE’s computer systems of the order, the order acceptance confirmation, and any exchange between the Parties will be considered as proof of the sales contract.
Computerized records stored in TERRE BERBERE’s computer systems and its partners will be considered as proof of communications, orders, and payments made between the Parties.
PAYMENT Unless the server is unavailable, the Customer will pay for their order after its final validation on the Site, by Credit Card (Blue Card, Visa, Mastercard, and American Express only) or through a Paypal account. The Customer will enter their card number, its expiration date, the cardholder’s name, and the visual cryptogram (the last three or four numbers on the back of their credit card) or provide their Paypal email and password.
Payment is made via the secure server, Stripe, a secure payment operator, or via Paypal. This means that no bank information concerning the Customer passes through the Site. Payment by credit card or Paypal account is therefore fully secure.
All orders are payable in euros, including all taxes and mandatory contributions.
The credit card is charged at the time of order shipment.
Payments by check are not accepted.
The Customer guarantees to TERRE BERBERE that they have the necessary authorizations to use the chosen payment method at the time of order validation. In case of bank refusal, the order will be automatically canceled.
Purchase invoices will be sent by email to the email address provided by the Customer when registering their order on the site www.igranecosmetics.com.
In the fight against online fraud, order information is checked by the payment partners designated by TERRE BERBERE: Stripe and Paypal, secure payment operators.
Information related to orders undergoes automated data processing. This automated data processing aims to determine a transaction analysis level and combat payment fraud, especially credit card fraud.
DELIVERIES 10.1. Delivery Refusal
TERRE BERBERE reserves the right to refuse any delivery in the cases provided for in Article 7.5.
10.2. Delivery Address
The Products ordered by the Customer under these General Terms and Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address during their order.
Excluded from delivery are addresses:
- Of a hotel or other lodgings;
- A poste restante (held mail service);
- A P.O. box;
- An address or domicile that isn’t fixed (e.g., mobile homes, caravans, campgrounds, and other non-fixed domiciles) or in a collective place where a clear and lasting individual address cannot be attributed to a natural or legal person.
10.3. Delivery Times / Delivery Cost
10.3.1. For sales delivered in mainland France:
The delivery time and cost depend on the delivery method chosen by the Customer during their order.
The delivery time starts from the email confirmation of the order.
For any delivery, products are delivered by Colissimo, Mondial Relais, or Chronopost, and the delivery fee is calculated as a flat rate.
For orders below sixty-nine (69) Euros including VAT, the delivery cost is determined by the total weight of the ordered products.
For orders exceeding sixty-nine (69) Euros including VAT, standard shipping to the Customer is free.
The maximum delivery time for the order is 10 working days for France.
Each shipment includes a Delivery Slip detailing possible return conditions and methods for received Products.
10.3.2. For sales delivered outside mainland France:
Delivery costs are borne by the customer. The customer can choose standard or express delivery options.
The maximum delivery time for the order is 45 days for the rest of the world, except in cases of force majeure.
Each shipment includes a Delivery Slip detailing possible return conditions and methods for received Products.
RECEIPT OF PRODUCTS Upon product delivery, the Customer must verify the product’s compliance and packaging condition and the product’s conformity.
11.1. Delivery Anomaly and Damage
In the event of damage or partial loss of the product, the Customer must make reservations upon receipt. These should be noted on the delivery receipt presented by the carrier and then communicated by email or phone to TERRE BERBERE.
Any delivery anomaly (missing items compared to TERRE BERBERE’s invoice, delivery delay, etc.) should be reported by email to the following address: email@example.com to improve the quality of service offered and allow TERRE BERBERE to investigate.
If the Customer reports a missing product or a delivery delay, an investigation with the carrier will be initiated.
If the product is found, it can be re-shipped to the delivery address specified in the order. If 7 days after the indicated delivery date, the ordered product hasn’t been delivered due to reasons other than force majeure, the sale can be canceled at the Client’s request within 60 working days from the maximum delivery time’s exceeded date. This request should be made by registered letter with acknowledgment of receipt to the following address:
TERRE BERBERE (At EVALY) 8, rue du cerf 67200 Strasbourg France
The sales contract will be deemed terminated upon TERRE BERBERE’s receipt of the Client’s letter informing of their decision.
In such a case, all amounts paid by the Client will be refunded as soon as possible, and at the latest within thirty days from the date on which they exercised their right to cancel their order.
11.2. Product Non-Conformity
In case of a product’s non-conformity, the Client may return the non-conforming product to TERRE BERBERE in its original state, necessarily with original tags and accompanied by the original packaging and the delivery slip. Otherwise, TERRE BERBERE will neither exchange nor refund the returned defective product.
If the return of the defective product is justified, TERRE BERBERE will refund the defective product and delivery charges, excluding any compensation.
Under no circumstances can returns, exchanges, or refunds be requested or made in-store.
Except for the above scenarios, no product exchanges are permitted.
RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of article L.121-20 of the Consumer Code and the applicable European law, the Customer has a period of fourteen (14) clear days, from the receipt of the Products ordered on the Site, to notify TERRE BERBERE of their intention to exercise their right of withdrawal, provided that the product has not been opened. From the moment this right is exercised, the Customer has an additional fourteen (14) days to return, at their own expense, the Product(s) they ordered if they are not satisfied and to cancel their order.
The Product(s) must be returned in their original packaging and unopened condition, allowing them to be resold as new, following the procedure described on the delivery slip included with the shipment. The return of the Products must be accompanied by the return form found within the shipment, properly filled out, including the return number obtained by phone from Customer Service.
All packages should be returned to the following address:
EUROSERVICE PARTNER/Stock IGRANE 42 rue de l’Industrie 67160 WISSEMBOURG FRANCE
Return costs are borne by the Customer unless the products delivered are not in conformity with the Order (in this case, return costs are borne by TERRE BERBERE). TERRE BERBERE does not accept packages with postage due.
All risks associated with the return of the product(s) are borne by the Customer. TERRE BERBERE recommends that customers opt for package tracking to avoid any inconvenience in case of loss or theft of the Products during the return transport.
If the aforementioned conditions are met, TERRE BERBERE will refund the Customer using the same payment method initially used. This includes all amounts committed when ordering the returned Products, excluding return costs, within a maximum of fourteen (14) days from the receipt of the return form. This will be done no later than the latest of the following dates: either the day TERRE BERBERE receives the returned products or from the day the Customer provides evidence of shipping the items for which they exercised their right of withdrawal.
In case of partial return of Products, only the price of the returned Products will be refunded by TERRE BERBERE, excluding shipping costs. This is because the Customer benefited from the delivery service for the retained items, and delivery rates do not vary based on the volume ordered.
LEGAL WARRANTY All Products sold by TERRE BERBERE benefit from the legal warranty of conformity provided in articles L211-4 to L211-14 of the Consumer Code and the legal warranty against hidden defects provided in articles 1641 to 1649 of the Civil Code.
Under this warranty, the Customer has the option to return the Product and be reimbursed for all costs incurred by the sale (including delivery and return costs) by TERRE BERBERE.
Recall of articles L-211-4, L 211-5, and L 211-12 of the Consumer Code and articles 1641 and 1648, first paragraph, of the Civil Code:
[The given articles from the Consumer Code and the Civil Code are quoted verbatim.]
LIABILITY TERRE BERBERE is only bound by an obligation of means. The Customer remains the sole judge of the suitability and adaptability of the items they order to their needs and consumption.
TERRE BERBERE’s liability cannot be engaged for non-compliant use of the Products.
It is recalled that the Customer, prior to their order, declares having full legal capacity, allowing them to commit under these General Terms of Sale. TERRE BERBERE cannot check the legal capacity of its visitors and buyers. Therefore, if someone without legal capacity orders items on the Site, their legal guardians would assume full responsibility for this Order and would especially need to honor its price.
TERRE BERBERE does not guarantee that the Site will be available continuously, without temporary interruption, suspension, or error. Specifically, TERRE BERBERE cannot be held responsible for:
- Interruptions or delays on the Site due to technical failures, force majeure, third parties, or any circumstances beyond its control;
- The Customer’s temporary inability to access the Site due to reasons beyond its control, such as computer failures, interruptions in the telephone network, internet network, or a failure in the client’s internet receiving equipment.
TERRE BERBERE cannot be considered liable for (i) the loss, alteration, or fraudulent access to the Client’s personal data, (ii) the accidental transmission of viruses or other harmful elements, resulting from accessing the Internet or email transmissions.
Without limiting the scope of other provisions of the General Terms of Sale, TERRE BERBERE’s liability can only be incurred in the event of a proven fault that is exclusively attributable to it. In any case, it will be limited to direct damages only.
TERRE BERBERE reserves the right to suspend the operation of the Site.
COMPLAINTS – INFORMATION For any information, complaints, or questions relating to the mail-order sales conditions set up by TERRE BERBERE or the items themselves, customers should contact TERRE BERBERE’s customer service by phone: 00 33 (0) 6 84 50 96 10 or by mail or email at firstname.lastname@example.org, quoting their order number.
PROVISION OF THE “DATA PROTECTION ACT” In accordance with the provisions of the Data Protection Act of January 6, 1978, TERRE BERBERE has declared the file containing personal data related to the Site’s Customer to the National Commission for Information Technology and Civil Liberties (Declaration No. 1662709).
Under this law, the customer has a right to access, correct, or oppose the personal data collected concerning them. These rights can be exercised by mail or email at the following address: email@example.com.
FORCE MAJEURE TERRE BERBERE cannot be held responsible for the total or partial non-fulfillment of its obligations if this non-fulfillment is due to chance or the occurrence of an element constituting force majeure such as, in particular, and without this list being exhaustive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lock-out. These events constitute a reason for suspension and/or termination of TERRE BERBERE’s obligations towards the Customer, without compensation for the Customer.
INTELLECTUAL PROPERTY The intellectual property rights attached to the Brand and Products sold on the Site are and remain the exclusive property of TERRE BERBERE. All exploitation rights are exclusively reserved for it. Under these conditions, no one is authorized to reproduce, exploit, disseminate, or use, in any way whatsoever, even partially, intellectual property rights, without the prior written agreement of TERRE BERBERE. The trademarks and logos of TERRE BERBERE are registered trademarks. Any reproduction is therefore an infringement.
ENTIRETY OF THE CONTRACT The General Sales Conditions, the order summary sent to the Customer, and the order confirmation email form a contractual set and constitute the entirety of the contractual relations entered into between the Parties. They are the only contractual documents binding on the Parties, excluding any other document or photograph of the Products which are only indicative.
TERRE BERBERE provides the contractual documents in a way that allows their conservation and reproduction by the Customer, in accordance with article 1369-4 of the Civil Code.
APPLICABLE LAW – DISPUTES These General Sales Conditions and the contractual relations between TERRE BERBERE and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Sales Conditions falls, in the absence of an amicable agreement, under the jurisdiction of the court of the defendant’s domicile or that of the actual delivery location of the Product.