GENERAL TERMS AND CONDITIONS OF SALE
This retail website can be accessed on the Internet at the address www.carrementbelle.com (hereinafter the "Site") and is open to any user of such network (hereinafter the "Buyer").
The Site is published and managed by the company CARREMENT BELLE SAS with capital of 12000 euro, Nîmes Business and Companies Register 392 720 629, whose registered office is situated at: 168 allée de l’Amérique Latine, 30000 Nîmes, France.
Intracommunity VAT Identification No. FR 93 392 720 629.
Telephone: +33 (0) 466 215 690
All orders placed on the Site presuppose prior consultation and full and unreserved acceptance of these General Terms and Conditions of Sale ("GTCS"), which can be consulted on the Site. The GTCS govern relations between CARREMENT BELLE and any Buyer making a purchase via the Site.
CARREMENT BELLE may amend the GTCS without notice at any time. The GTCS may in no event be amended by the Buyer. The GTCS in force shall be those published on the Site at the time when the Buyer places the order on the Site.
Should one or more provisions in these GTCS be rendered invalid subsequent to the application of a French legal provision or court ruling, the other provisions shall remain in force.
These GTCS complement the Site's "Mentions légales" page.
The Buyer hereby declares that he/she has read and accepted these GTCS in their entirety prior to placing his/her order on the Site.
To be entitled to place a valid order on the Site, the Buyer must be at least 18 years of age and have legal capacity or be in possession of parental authorisation permitting him/her to place orders on the Site.
CARREMENT BELLE reserves the right to ask any Buyer to provide proof of his/her age or of his/her parental authorisation, and not to honour the Buyer's order should the latter fail to provide such proof.
The products on sale on the Site are sold retail, intended for the strictly personal use of the end consumer, and may in no event be related to a professional activity exercised by the Buyer.
CARREMENT BELLE reserves the right to cancel any order deemed not to meet the aforementioned criteria, without it however being liable.
The products sold by CARREMENT BELLE are those shown on the Site on the day the Buyer consults the Site.
CARREMENT BELLE may in no event be held liable if the illustrations are incorrect. Furthermore, CARREMENT BELLE may not be held liable if the descriptions of the products shown on the Site do not match those delivered insofar as any errors do not affect the essential characteristics of the product, within the meaning of Article L111-1 of the French Consumer Code.
CARREMENT BELLE shall inform the Buyer of the latest date by which it undertakes to deliver the products selected by the Buyer.
CARREMENT BELLE shall honour orders placed by the Buyer as long as stocks last. CARREMENT BELLE shall do its utmost to present an up-to-date record of product availability on the Site.
In the event that, in spite of the vigilance of CARREMENT BELLE, one or more product(s) ordered by a Buyer are temporarily or permanently unavailable, or if the delivery time should exceed the date indicated on order by more than seven days (except in cases of act of God), CARREMENT BELLE shall inform the Buyer thereof by email. The Buyer shall then have the option of modifying or cancelling his/her order by contacting the Customer Service Department by email at email@example.com or by telephone on +33 (0) 466 215 690.
Should an order be cancelled owing to delayed delivery, the Buyer shall be required to express his/her wish to cancel or modify his/her order within 60 working days at the latest as of the date given for delivery of the order. In the scenarios given in this paragraph, CARREMENT BELLE undertakes to reimburse the Buyer whose payment has already been debited at the earliest opportunity and within thirty days of payment at the latest. CARREMENT BELLE shall not pay any compensation to the Buyer in such cases.
The prices of the products shown on the Site are in euro, and do not include the Buyer's contribution to shipping costs.
Discounts shall be applied on order and shown in the Buyer's shopping basket, if he/she meets the terms and conditions that apply to take advantage of them and has correctly filled in the promotion codes.
The Buyer's contribution to shipping costs, for delivery out of France, depends on the country where the Buyer wants to be delivered. All the information and costs are available on the Site's "Delivery" page.
Shipping costs can be offered in several countries for a minimum order of 120€ made on www.carrementbelle.com. All the countries concerned are listed on the Site's "Delivery" page.
CARREMENT BELLE reserves the right to change the prices without notice at any time. The prices applicable to the Buyer on order shall be those shown on the Site at the time of the Buyer's confirmation of his/her order on the Site.
CARREMENT BELLE uses secured payment systems provided by the Banque Populaire and PayPal groups. The entire transaction is sent in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode. No bank information is stored on our server: the input form is hosted directly at our partners’ banks. We thus guarantee you a high level of security for all of your transactions on the Site www.carrementbelle.com.
Should the Buyer pay for his/her order with a non-French debit/credit card, such debit/credit card must be valid for international transactions. Furthermore, any commissions or other costs regarding payment that may be charged to him/her by his/her bank or by the Banque Populaire Group, which provides CARREMENT BELLE's secured payment system, shall be charged to the Buyer. The sum to be paid for the order is indicated to the Buyer on the Internet page summarising the items in his/her order. Before proceeding with payment, the Buyer therefore has the opportunity to check the details of his/her order and the total price online and correct any errors.
Payment is payable on order, by debit/credit card only. Only payments in euro are accepted. The Buyer guarantees CARREMENT BELLE that he/she is fully entitled to use the debit/credit card used to pay. Should a Buyer's payment be refused by the bank, CARREMENT BELLE reserves the right to cancel shipping of his/her order. All new orders placed by such Buyer may be suspended or cancelled by CARREMENT BELLE.
Only the following debit/credit cards are accepted for a classic payment: CB, Visa, MasterCard and E-carte bleue. American Express cards are not accepted for a classic payment, but can be used to pay with PayPal. When placing the order, the Buyer must provide the Site with the relevant information on his/her debit/credit card requested of him/her (card number, expiry date, security code on the back of the card). The online payment is secure. The information processed is encrypted.
The Buyer's debit/credit card shall be debited on confirmation by our bank of acceptance of the Buyer's payment.
The products continue to be the full and entire property of CARREMENT BELLE until payment for the products invoiced has been collected in full, including shipping costs and taxes.
Payment is the final stage in confirmation of the order. The Buyer may modify any of the items in his/her order at any time, until he/she has confirmed payment. When payment is confirmed by the Buyer, the order is validated and becomes firm.
The Buyer shall receive an email from CARREMENT BELLE at the email address provided, acknowledging receipt and summarising the items in the order that he/she has placed.
Upon confirmation by the bank of acceptance of the Buyer's payment, CARREMENT BELLE shall process the order insofar as stocks last.
Orders are delivered to the delivery address provided by the Buyer when ordering on the Site.
La Poste and its partners deliver the orders on several modes, depending on the destination of the parcel: So Colissimo, Colissimo Expert OM and Colissimo Expert I. Delivery times are likely to vary depending on the time of the Buyer's order and the destination of the parcel. As CARREMENT BELLE has no control over such times, the payment of any penalties or compensation to the Buyer by CARREMENT BELLE shall not be accepted on such grounds. Conversely, the Buyer is entitled to cancel his/her order according to the terms laid down in Article 2–b of these GTCS.
Purely as a rough guide, the Buyer may consult the delivery times in the section, "Delivery".
All parcels shall be delivered to the Buyer against signature, or to the nearest post office if the Buyer is not at home. If the Buyer fails to pick up his/her parcel within the period indicated by the postal services on the notification left in his/her letterbox by the postman in his/her absence (15 working days), the parcel shall be returned to the sender, CARREMENT BELLE. The products ordered shall be reimbursed (by crediting the debit/credit card used during the order) within thirty days at the latest of return of the parcel to CARREMENT BELLE.
If the parcel reaches the Buyer damaged or open, the Buyer must refuse to accept delivery by the deliveryman, pointing out the damage noted and filing a claim with him for the anomaly. All parcel deliveries accepted by the Buyer shall be deemed free of defects imputable to delivery.
An order exclusively containing the “Samples” product is delivered with La Poste’s Lettre Max in France (delivery without signature, directly into the letterbox), and with La Poste’s Lettre Prioritaire Internationale for any other destination (tracking available depending on the country).
An invoice confirming the details of the Buyer's order is enclosed in the parcel.
CARREMENT BELLE may not to fulfil an order for a country in which it has specific distribution agreements, or where there are specific local regulations. Parcels will only be delivered in countries proposed on the Site's "Delivery" page.
f. Returns and right of withdrawal
Relying on the Article L.121-20-12 of the French Consumer Code, the Buyer has a fourteen (14) days legal delay of withdrawal from the date of receipt of the order, without having to argue his/her motivation.
To obtain a refund on some articles or on the whole order, the Buyer must return these products to CARREMENT BELLE, new and in their original packaging, in a 14 days legal delay. We would ask you to package the products carefully in order to obviate any problems with the return. The Buyer takes the return delivery cost in charge.
Prior to the return of products by the Buyer, the latter must at all times send a return request to CARREMENT BELLE, by sending an email at firstname.lastname@example.org.
Returned parcels must be sent to the following address only:
CARREMENT BELLE PARFUMS
Service des Retours
168 allée de l’Amérique Latine - 30000 Nîmes - FRANCE
It is recommended that the Buyer keep proof of the dispatch of his/her parcel provided by the postal services. If the parcel is not received by CARREMENT BELLE, and without proof of its correct distribution by the postal services, the liability of CARREMENT BELLE may not be invoked. All risks related to the return of the product shall be borne by the Buyer.
If the parcel is returned to CARREMENT BELLE without being opened, the cost of return to CARREMENT BELLE shall be borne by the Buyer.
Furthermore, if the Buyer receives products from CARREMENT BELLE which do not match his/her order, he/she shall be invited to contact CARREMENT BELLE, within 14 (fourteen) days of receipt of his/her order, by email: email@example.com or by telephone: +33 (0) 466 215 690 - Monday to Friday, 10am-12pm and 2pm-6pm, in order that CARREMENT BELLE confirms such non-conformity and inform him/her of the return procedure at the expense of CARREMENT BELLE.
Conversely, if the parcel is opened and the products match the order, the cost of return to CARREMENT BELLE shall be borne by the Buyer.
CARREMENT BELLE does not accept the return of products carriage forward.
The Buyer shall be reimbursed by CARREMENT BELLE for all sums paid on order for the products that he/she has returned, with the exception of the cost of return to CARREMENT BELLE, which shall be borne by the Buyer. If the Buyer returns his/her order in full, the initial shipping costs (shipment of the parcel to the Buyer by CARREMENT BELLE) shall be refunded. If the Buyer returns only part of his/her order, the initial shipping costs (shipment of the parcel to the Buyer by CARREMENT BELLE) shall not be refunded. Refunds on returned products shall be made by crediting the debit/credit card account used on order within a period of thirty (30) days as of the date of receipt of the returned parcel by CARREMENT BELLE.
All returns received by CARREMENT BELLE, which indicate that the parcel has been returned by the Buyer after the period covering his/her right of withdrawal (as per postmark), and any returns that do not follow the procedure set out in this Article, shall not be refunded by CARREMENT BELLE.
3. Intellectual property
CARREMENT BELLE owns the rights over this Site and all elements, trademarks, logos, illustrations, texts, sound effects, etc. appearing hereupon.
CARREMENT BELLE does not consent to any licences or rights other than the right of access to and consultation of this Site.
Reproduction or use of all or part of the Site is permitted only for the purposes of strictly personal and private information. Any other use made without the prior authorisation of CARREMENT BELLE in writing shall constitute an act of computer piracy and may be sanctioned accordingly.
4. Data protection
Data of a personal nature provided by the Buyer and collected by CARREMENT BELLE when the Buyer places an order are obligatory and needed to process and manage his/her order. Should the Buyer fail to provide such information, CARREMENT BELLE shall be unable to process the Buyer's order.
Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978, the Buyer is entitled to access, rectify, oppose and cancel personal data concerning him/her held by CARREMENT BELLE by writing to:
Carrement Belle Parfums - 168 allée de l’Amérique Latine - 30000 Nîmes - FRANCE or by email to firstname.lastname@example.org.
5. Miscellaneous provisions
a. Computer or technical problems on the Site
CARREMENT BELLE declines any responsibility in the event of interruption, poor functioning or fraudulent intrusion on the Site.
CARREMENT BELLE may not be held liable in the event of loss of data or files resulting from consultation of the Site. It behoves the Buyer to make any safeguards necessary prior to placing his/her order on the Site.
b. Act of God
The liability of CARREMENT BELLE may not be invoked for the total or partial failure to abide by the obligations in these GTCS in the event of the occurrence of an act of God as defined by Article 1148 of the French Civil Code.
6. Law applicable and jurisdiction
Sales of CARREMENT BELLE products are subject exclusively to French law, regardless of the country to which the products are delivered.
Failing amicable solutions, all litigation relating to the interpretation, fulfilment or breach of the contract concluded between CARREMENT BELLE and the Buyer, even in the case of multiple defendants, shall fall under the exclusive jurisdiction of the court of Nîmes (France).