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Uploading : 02/03/2025
ARTICLE 1 - ABOUT THE WEBSITE www.guerande-cosmetiques.com
The website www.guerande-cosmetiques.com is owned by the company Guérande Cosmétiques - a Société par Actions Simplifiée (SAS) with a capital of €300,000, headquartered at Pradel - 44350 Guérande, registered with the ST NAZAIRE Trade and Companies Register under number 821 149 283 00011. The President is Olivier GUILBAUD.
The website www.guerande-cosmetiques.com is dedicated to the online sale of cosmetic products and accessories.
ARTICLE 2 - DEFINITIONS
Whenever used in these General Terms and Conditions of Sale (GTCS), in singular or plural, the following terms shall have the following meaning:
• "the Site": the website www.guerande-cosmetiques.com
• "Product(s)": product(s) offered for sale on the website www.guerande-cosmetiques.com
•"We" or "the Seller": the company GUERANDE COSMETIQUES
• "You", "the Client", or "the Buyer": any person placing an order for products on the website www.guerande-cosmetiques.com
ARTICLE 3 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale govern all sales of products concluded between You and Us via the website www.guerande-cosmetiques.com, and shall take precedence over any other version or contradictory document.
These terms apply exclusively, excluding all other conditions, especially those applicable to home sales or through other distribution and marketing channels.
No order will be recorded or processed unless you have previously checked the box to accept the GTCS. By checking this box, you unreservedly accept these General Terms and Conditions of Sale in their entirety. They remain accessible at any time on the Site. We reserve the right to modify the GTCS at any time. However, such modifications cannot apply to transactions concluded prior to the changes and will only be enforceable after being notified to you by any means of our choice, and after you have expressly accepted them.
ARTICLE 4 - ORDERS
Territorial limit for sales made on the website www.guerande-cosmetiques.com
• Orders from professionals
The Site is reserved for individual orders. However, small businesses (only in mainland France) can place orders on the site, which will be invoiced at public prices including VAT.
Additionally, businesses in mainland France (commercial, artisanal, liberal, etc.) are offered a professional rate. This rate applies with a minimum order of €100 excluding VAT. For information about these professional rates, you can contact us directly at the email address commercial@guerandecosmetiques.fr.
To become an international distributor, please contact the export service via the contact form available on the site.
• Placing orders
To place an order on the Site, you must be of legal age and capable of entering into contracts. By placing an order on our site, you acknowledge and guarantee that you are of legal age and able to contract.
In general, you guarantee the accuracy of the information provided during the order process and for the purpose of concluding and executing orders.
The order process is outlined on the Site.
After placing an order on the site, you will receive an email confirming your order.
• Order volume
For reasons of cost and feasibility, we will only ship orders up to a maximum of 15 kg.
• Product availability
Product offers are subject to stock availability. Information on product availability is provided when placing the order, noting that access to available stock is prioritized for orders paid by credit card or PayPal.
• Temporary unavailability of a product
In case of temporary unavailability of a product, Guérande Cosmétiques reserves an additional period of three weeks to process the order.
• Permanent unavailability of a product after the order has been placed
In this case, the Client will be informed by email or phone of the out-of-stock items. The Client may request the cancellation or exchange of their order by contacting customer service and mentioning the order number, order date, and their client number. If no request is made within 8 days of being contacted by Guérande Cosmétiques' customer service, the order will be shipped with the available items only. Only these items will be invoiced to the Client.
• Order modification
Once validated, an order cannot be modified (no removal of an item is allowed).
However, if the Client wishes to add a product to their order, they must contact our customer service before the shipping time, as follows:
- For any order placed before 10:00 AM: Shipment at 3:00 PM the same day.
- For any order placed after 10:00 AM: Shipment on the next business day at 3:00 PM.
By mentioning the order number, order date, and client number. If and only if the order has not been processed yet, it will be canceled, and a credit note will be issued. The Client can then place a new order according to their wishes. This new order will be subject to new delivery times, and the Seller will not be bound by the delivery times of the canceled order.
• Loyalty program (discount codes and sponsorship)
Discount codes apply only to non-sale products. Any abuse by the Client will lead to the suspension of the offer.
Discount codes cannot be exchanged, transferred, or used for monetary value outside of the Site.
Any attempt to fraudulently acquire loyalty points, such as creating multiple accounts with slightly different names, will be reported to the public prosecutor, and the client will incur a €150 fee for opening a dispute file. Any order made with fraudulently acquired points will be re-invoiced at the standard rate at the time of the order, without any discounts.
ARTICLE 5 - PRICES
The products are provided at the prices in effect on the Site at the time of the order registration. Prices are expressed in Euros and include all taxes according to the rates in line with French tax laws.
Guérande Cosmétiques reserves the right to change prices at any time, but the products will be invoiced based on the prices in effect at the time the orders are registered. Prices do not include processing, shipping, transport, and delivery fees, which are billed additionally. The inclusive amounts for these fees are communicated to the Client at the time of the order.
Furthermore, prices do not include any connection costs to the Site that may be incurred by the Buyer with operators; these costs remain the responsibility of the Buyer.
For orders to a country other than mainland France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties, local taxes, import duties, or state taxes may be required. These charges and amounts are not under the responsibility of Guérande Cosmétiques. They will be at your expense and are entirely your responsibility in terms of declaration and payment to the authorities and competent organizations in your country. We advise you to inquire about these aspects with local authorities.
ARTICLE 6 - PAYMENT TERMS
You can pay for your purchases at the time of order registration using the following methods:
• Credit card: Carte Bleue, Visa, Mastercard
• PayPal
Payments by credit card made on the Site are secured via the Payzen e-transaction system.
Thus, the banking information related to the Buyer (credit card number, expiration date, etc.) is encrypted by the SSL system and then processed by our financial partner: CIC POITOU HAUT-VIENNE ENTREPRISES bank. Payments by credit card are debited at the time of order validation.
In case of non-compliance with payment terms, we reserve the right to suspend or cancel the delivery of ongoing orders placed by the Buyer, without prejudice to damages and interest.
ARTICLE 7 - DELIVERY
• Delivery Area
Unless otherwise stated, delivery is made to the address you provided at the time of your order.
• Delivery times
When your order is registered, a delivery time will be communicated to you.
For deliveries outside mainland France, delivery times vary depending on the destination countries. These times are given in working days, excluding delivery issues and force majeure events.
We commit to making every effort to deliver the ordered products within the times indicated above.
However, a delay in delivery, not caused by force majeure, can only lead to the cancellation of the order by the Buyer under the conditions of article L138-2 paragraphs 1 and 2 of the French Consumer Code.
• Delivery Methods
Order shipping is guaranteed, depending on the option chosen by the Client:
- By GLS to the postal address provided by the Client,
- By delivery to a GLS Point Relais® Pickup or Station (only in mainland France). ou Station (uniquement en France Métropolitaine),
Delivery is considered completed:
- Upon delivery of the order to the GLS Point Relais® at the merchant.
In case of an error in the recipient’s contact details, the Seller cannot be held responsible for the failure to deliver the products.
In case of a special request from the Buyer regarding the packaging or transport conditions for the ordered products, duly accepted in writing by the Seller, the associated costs will be invoiced as an additional charge, based on a prior quote accepted in writing by the Buyer.
• Receipt
It is the Client’s responsibility to check the shipments upon arrival or to collect their parcel at the Pickup point within the deadlines (according to the transport option chosen) and to make any necessary reservations or complaints.
If the delivered products do not conform in nature or quality to the specifications in the delivery note, the Client must, under penalty of forfeiture, file a complaint within 3 working days following delivery.
It is understood, however, that the above provisions do not prejudice the Buyer’s right of withdrawal, as provided in article 9 below, nor the Buyer’s right to invoke the Seller's warranty for hidden defects or lack of conformity affecting the products, in accordance with the provisions of articles 1641 and following of the Civil Code and L. 211-4 and following of the Consumer Code.
Subject to availability, we will replace the delivered products with apparent defects or lack of conformity, at the Buyer’s expense, as quickly as possible, provided the defects are duly proven.
• Claim Period in Case of Non-Receipt of a Parcel
The Client has a period of 30 days from the date of dispatch of their order to inform us of the non-receipt of their parcel. After this period, no complaint will be accepted.
• Damaged Parcel
In case the parcel is damaged upon receipt, the Client must not open it and must refuse the parcel by returning it to the post office the next working day following delivery. Otherwise, our services will not be able to process any compensation request.
• Parcel Returned by the Delivery Service with the Mention "NPAI" (Not at the Address Indicated)
In the case of a return of a parcel marked as "NPAI", after receiving and accepting the parcel by our services, a credit note (total of the order, excluding shipping fees) will be issued within 48 hours of receipt by Guérande Cosmétiques. The Client can then place a new order.
• Parcels Returned with the Reason "Not Collected"
These are parcels that were not collected by the Client from the relay point within the given time frame.
After receiving and accepting the parcel by our services, a credit note (total of the order, excluding shipping fees) will be issued within 48 hours of receipt of the parcel. The Client can then place a new order.
ARTICLE 8 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership of the products from the Seller to the Buyer will only take place after full payment of the price by the Buyer, regardless of the delivery date of said products.
The transfer of the risks of loss and deterioration of the products will take place on the day the Buyer physically takes possession of the products or on the date the products are handed over to the carrier when the Buyer has arranged the transportation and the choice was not offered by us.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 121-21 of the French Consumer Code, you have a withdrawal period of 14 working days from the delivery of the products.
However, this right of withdrawal may exceptionally be excluded in the cases and under the conditions provided by Article L 121-21-8 of the Consumer Code (from Law No. 2014-344 on consumer rights, dated March 17, 2014).
You must inform us of your decision to exercise your right of withdrawal by sending us a message via the contact form, selecting the subject "my order," or by sending the completed withdrawal form attached by email to: serviceclient@guerandecosmetiques.fr
You have 14 days from the notification of your decision to exercise your right of withdrawal to return the affected products.
The products must be returned in their original packaging and in perfect condition, along with the invoice.
Damaged, soiled, or incomplete items will not be accepted.
The return shipping costs will be borne exclusively by the Buyer.
The refund of the amounts paid by the Buyer for the order will occur within a few days after the products are fully recovered.
ARTICLE 10 - SELLER’S LIABILITY – WARRANTY
• Warranty
In accordance with applicable regulations, our products benefit from:
- the legal guarantee of conformity (Articles L. 217-3 and following of the French Consumer Code),
- the legal warranty against hidden defects due to material, design, or manufacturing defects affecting the delivered products and making them unfit for use (Articles 1641 and following of the Civil Code).
• Liability
Our products comply with the regulations in force in France. Our liability cannot be engaged in case of non-compliance with the legislation of any country other than France.
The photographs, images, and descriptions on the Site are as accurate as possible. However, they are only indicative and not contractual. Therefore, our liability cannot be sought for any differences or modifications between the visual representation of the product on the Site and the delivered product.
The Buyer is solely responsible for the choice, storage, and use of the products. It is the Buyer’s responsibility to review the product composition and usage instructions before placing an order, as this information is available on the Site.
We cannot be held responsible in case of a wrong choice or misuse of the products.
Furthermore, in the event of the application of our contractual liability, our indemnity obligation will in all cases be capped at the total price of the order paid by the Client.
ARTICLE 11 - FORCE MAJEURE
Furthermore, we cannot be held responsible or in default for any delay or failure to perform due to the occurrence of a force majeure event. In this context, force majeure includes, but is not limited to, natural disasters, acts of war, public order disturbances, epidemics, fires, floods, and other disasters, governmental actions, strikes, lockouts, including those of our staff or that of our regular carriers, supply shortages from our own suppliers, and all electrical or technical problems external to the parties preventing communications.
Additionally, within the context of online sales, we will not be held liable for any damage arising from the use of the Internet network, including but not limited to: data loss, intrusion, viruses, service disruptions, and unsolicited messages from third parties.
ARTICLE 12 - DATA PROTECTION AND PRIVACY
In accordance with the French Data Protection Act (Law 78-17 of January 6, 1978), it is reminded that the personal data requested from the Buyer is necessary for processing their order, delivering the products ordered, and issuing invoices.
The processing of the information provided through the Site has been declared to the CNIL (French data protection authority). The Buyer has the right to access, modify, correct, and oppose the information concerning them, as provided by applicable national and European regulations. To exercise this right, simply send a request by mail indicating the email address, name, surname, and address to the company Guérande Cosmétiques - Pradel - 44350 Guérande - France.
For more information about your rights and the CNIL, visit https://www.cnil.fr/vos-droits/
ARTICLE 13 -INTELLECTUAL PROPERTY
The content of the Website is the property of Guérande Cosmétiques and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 14 - PROHIBITION OF OFF-NETWORK SALES
Our products are intended to be sold only within our distribution networks. Therefore, it is forbidden to purchase or receive our products as a gift for the purpose of resale, particularly on websites.
The repackaging of Guérande Cosmétiques products for resale under another brand is not allowed unless authorized by written agreement from Guérande Cosmétiques.
ARTICLE 15 - NOTIFICATION
Any notification to our attention must be sent to:
GUÉRANDE COSMÉTIQUES
Contact :
Pradel - 44350 Guérande – France
Phone: 02.51.75.53.79
Email : contact@guerandecosmetiques.fr
Any notification intended for you will generally be sent by email to the address you provided when placing your order.
Notifications are considered to have been received 24 hours after sending an email, unless the sender is notified that the email address is invalid.
ARTICLE 16 - APPLICABLE LAW - LANGUAGE - DISPUTES
Transactions concluded through the website www.guerande-cosmetiques.com are subject to French law.
Disputes arising from the formation, execution, or termination of contracts concluded through the Website are subject to the competent courts under common law conditions. However, at the request of the customer or upon our proposal, the dispute may be resolved through conventional mediation or any alternative dispute resolution method.
In the event of a translation of these terms and conditions into one or more languages other than French, only the French version shall prevail in case of a dispute.
ARTICLE 17 - CONSUMER MEDIATOR
In accordance with Articles L612-1 to L-612-5 of the Consumer Code, any consumer has the right to resort to a consumer mediator free of charge for the amicable resolution of a dispute with a professional.
Any consumer can contact the e-commerce mediator of FEVAD (60 rue de la Boétie – 75008 Paris – relationconso@fevad.com).
It is, however, reminded that the consumer can only contact the mediator after attempting to resolve the dispute directly with Guérande Cosmétiques through a written complaint.
APPENDIX I – PROVISIONS RELATING TO LEGAL WARRANTIES
The consumer has a period of two years from the delivery of the good to request the implementation of the legal guarantee of conformity in case of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect, not the date it appeared.
When the sale contract of the good provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the entire supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service, not the date it appeared.
The legal guarantee of conformity obligates the professional, if necessary, to provide all updates necessary to maintain the conformity of the good.
The legal guarantee of conformity entitles the consumer to repair or replacement of the good within thirty days of their request, at no cost and with no significant inconvenience to them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from an extension of six months to the original warranty.
If the consumer requests repair of the good, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a price reduction by keeping the good or terminating the contract and receive a full refund upon return of the good if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience to the consumer, particularly if the consumer permanently bears the costs of collecting or removing the non-conforming good, or if they bear the costs of installing the repaired or replaced good;
4° The non-conformity of the good persists despite the seller's attempt to bring the good into conformity, which was unsuccessful.
The consumer is also entitled to a price reduction or contract termination if the defect is so severe that it justifies an immediate price reduction or contract resolution. In such cases, the consumer is not required to request repair or replacement of the good first.
The consumer is not entitled to cancel the sale if the conformity defect is minor.
Any period during which the good is immobilized for repair or replacement suspends the warranty for the remaining period until the good is delivered in repaired condition.
The rights mentioned above are the result of the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity may incur a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the good is kept, or a full refund upon return of the good.»
