General terms and conditions of sale and use of the website naturoleum.com
GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The site is published by the seller, OPALINE VENTURES, a SASU (single-shareholder simplified joint-stock company) with share capital of 1,000 euros, whose head office is located at the following address: 18 rue de la Vallée - 77590 FONTAINE -LE-PORT - FRANCE, and registered with the RCS MELUN 953 631 264 00017. Individual intra-community identification number of the seller: FR 54953631264. The following provisions are intended to define the general terms and conditions of sale on the Naturoleum site.
These general terms and conditions of sale (hereinafter "GTC") concern the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.
The GTC exclusively govern the relationship between the seller and the customer.
The T&Cs express the entirety of the parties' obligations. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the sector of distance selling by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the T&Cs from time to time. The T&Cs applicable to an order are those in force on the date of that order.
ARTICLE 1. CATALOGUE OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented as accurately as possible. Photographs are provided for illustration purposes. In the event of an obvious error in the description of a product, the seller will inform the customer, who may then cancel the order and be refunded, without prejudice to their rights under the legal guarantees.
The products are offered within the limit of available stocks.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
Prices are shown in euros, all taxes included, and do not include delivery costs, which are charged in addition. Delivery costs are shown before the customer confirms the order.
Prices include the taxes applicable on the day of the order. Any change in tax rates applies to orders placed after it comes into force.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the entire price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the possibility to fill out an order form online, using an electronic form. By filling out the electronic form, the customer accepts the price and description of the products.
The customer must accept by clicking on the indicated place, the present general conditions of sale, for his order to be validated.
The customer must provide a valid email address and delivery address and recognized by the present general conditions of sale that any exchange with the seller can take place using this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account and this, until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that placing the order implies payment by the customer.
PAYMENT
The customer pays at the time of final validation of the order, by bank card or by one of the other payment methods offered on the site. Payments are processed by a secure payment provider; the seller has no access to the customer’s bank details.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the payment of the amounts due under the order.
In the event of fraudulent use of their bank card, the customer may dispute the transaction with their bank, under the conditions provided for by banking regulations. They are also invited to inform the seller by email at info@naturoleum.com.
The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
CONFIRMATION
Upon receipt of the validation of the purchase and payment by the customer, the seller will send the latter, to the email address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is required to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order for this product and refund the related price, the remainder of the order remaining firm and final.
The customer may always exercise his right of withdrawal within 14 days from the moment when the information concerning the unavailability of the product was sent to him.
For any questions relating to the tracking of an order, the customer may contact customer service at the following contact details:
By email at the following address: info@naturoleum.com
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, the due date of the amounts due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller may be proven using computerized records, stored in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. PAYMENT METHOD
All payment methods made available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when placing the order.
ARTICLE 8. DELIVERY
Delivery is only made after confirmation of payment by the seller's banking organization.
The products are delivered to the address indicated by the customer on the online form serving as a purchase order, the customer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Orders are prepared by a partner ESAT (a sheltered-employment workshop) within 1 to 3 working days, then delivered according to the method chosen by the customer when ordering:
- to a pick-up point by Chronopost;
- to the home address by Colissimo.
Indicative delivery time after shipping: 2 to 5 working days in mainland France, 5 to 10 working days in Europe. Except in cases of force majeure, the seller delivers no later than 30 days after the order, in accordance with article L216-1 of the French Consumer Code. Once the parcel has shipped, the customer receives a tracking number by email.
DELAY IN DELIVERY AND WITHDRAWAL
In the event of a delivery delay, the seller will inform the customer. If the parcel is not delivered within the stated time (or at the latest 30 days after the order), the customer may ask the seller to deliver within a reasonable additional period and, failing that, terminate the contract (articles L216-6 et seq. of the French Consumer Code). The customer is then refunded within 14 days at the latest.
A full refund of the product and delivery costs, or reshipping costs if applicable, will then be made.
This cancellation of the contract must be sent in the following manner:
By email to the following address: info@naturoleum.com
CHECKING THE ORDER
If, on delivery, the packaging is damaged, torn or open, the customer is invited to check the condition of the products and, if they are damaged, to refuse the parcel or note precise reservations with the carrier or the pick-up point.
The customer is invited to report any damaged, incomplete or non-conforming parcel to the seller as soon as possible (ideally within 48 hours, with photos), to make it easier to claim against the carrier. This report does not deprive the customer of their rights under the legal guarantees.
Reports can be made:
By email to the following address: info@naturoleum.com
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the customer.
DELIVERY ERROR
In the event of a delivery error (product different from the order) or non-conformity of the products, the customer contacts the seller as soon as possible. The seller covers the exchange or refund, as well as the return costs.
The claim may be made in the following manner:
By email to the following address: info@naturoleum.com
RETURN OF ORDER
Return conditions depend on the situation:
- Unopened product, in its complete original packaging: may be returned under the right of withdrawal (article 11), within 14 days of receipt.
- Product opened or unsealed after delivery (cap, dropper or seal opened): cannot be taken back, for hygiene and health protection reasons (article L221-28 of the French Consumer Code), except in case of lack of conformity.
- Product damaged, broken or not as ordered on receipt: legal guarantee of conformity (article 9), even if the product has been opened.
- Product used or badly stored (exposed to heat or light, kept more than 12 months after opening): neither taken back nor refunded.
For any return, contact us at info@naturoleum.com or via the Withdrawal and returns page: we will send you the return address. In the event of withdrawal, including when the customer ordered the wrong product or size, return shipping costs are borne by the customer. If the product is defective or the seller made a mistake (product sent different from the order), they are borne by the seller.
ARTICLE 9. PRODUCT WARRANTIES
The seller guarantees the conformity of the products to the contract.
The customer benefits from the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), under the conditions set out below.
GUARANTEE OF CONFORMITY
The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: 1° the seller refuses to repair or replace the goods; 2° repair or replacement takes place after thirty days; 3° repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or the costs of installing the repaired or replacement goods; 4° the lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement first. The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the goods are returned in working order.
The above rights result from articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the application of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
For oils and other cosmetics, conformity is assessed against the best-before date shown on the product and its period after opening (12 months). A product used beyond these periods, or badly stored (exposed to heat or light), does not have a lack of conformity. In the event of a lack of conformity, return costs are paid by the seller.
COMMERCIAL WARRANTY
The seller offers the customer a commercial warranty covering the conformity of the products and ensuring in the event of non-conformity the reimbursement of the purchase price, the replacement or the repair of the product, for the following period: 30 days after the date of delivery of the order.
This warranty does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
This commercial warranty is in addition to the legal guarantees of conformity and against hidden defects set out above, and does not replace them.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND
In the event of unavailability of an ordered product, the customer will be informed by email.
The customer may then choose between cancelling the order, with a refund of the sums paid within 14 days at the latest, or exchanging it for another product.
ARTICLE 11. RIGHT OF WITHDRAWAL
In accordance with articles L221-18 et seq. of the French Consumer Code, the customer has 14 days from receipt of the product to exercise the right of withdrawal, without having to give any reason or pay any penalty.
To exercise it, the customer may:
- use the “Request a return (withdrawal)” button on the Withdrawal and returns page, available at the bottom of every page of the site;
- or send the model form below, or any other unambiguous statement, by e-mail to info@naturoleum.com. The seller then sends the customer the return address.
The seller acknowledges receipt of the withdrawal without delay by e-mail.
The customer sends back the product(s) no later than 14 days after communicating the decision. In the event of withdrawal, including when the customer ordered the wrong product or size, return shipping costs are borne by the customer. If the product is defective or the seller made a mistake (product sent different from the order), they are borne by the seller. Products must be returned unopened, in their complete original packaging.
In accordance with article L221-28, 5° of the French Consumer Code, the right of withdrawal cannot be exercised for products unsealed by the customer after delivery which cannot be returned for hygiene or health protection reasons: this applies to oils and other cosmetics whose bottle has been opened.
The seller refunds all sums paid, including the initial delivery costs (based on the standard delivery rate), no later than 14 days after the date on which it was informed of the withdrawal. The refund may be withheld until the products have been received back or until the customer has supplied proof of having sent them back. The refund is made using the same means of payment as for the order, unless the customer expressly agrees otherwise.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To OPALINE VENTURES (Naturoleum), by e-mail to info@naturoleum.com:
I hereby give notice that I withdraw from my contract for the sale of the following goods:
Ordered on (*) / received on (*):
Order number:
Name of consumer:
Address of consumer:
Date:
(*) Delete as appropriate.
ARTICLE 12. FORCE MAJEURE
The parties shall be released from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, prevents their execution. The obligations of the parties shall be suspended.
The party invoking such a circumstance shall notify the other party immediately, upon its occurrence and disappearance.
Are considered as cases of force majeure all irresistible and unforeseeable facts or circumstances, unavoidable and which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.
If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared null by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively exercise its activity, regardless, in the case of a legal entity, of the location of its head office.
Also, these General Terms and Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will contact the seller as a priority to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the jurisdiction of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seller's head office.
GENERAL CONDITIONS OF USE OF THE NATUROLEUM SITE
ARTICLE 1. LEGAL INFORMATION
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.
The Naturoleum website is published by:
OPALINE VENTURES, a SASU with share capital of 1,000 euros, whose registered office is located at the following address: 18 rue de la Vallée - 77590 FONTAINE-LE-PORT - FRANCE, registered with the RCS MELUN 953 631 264 00017. Email: info@naturoleum.com
The publication director of the website is: Pauline Rodriguez.
The Naturoleum website is hosted by:
Infomaniak Network SA, whose registered office is located at the following address:
Rue Eugène-Marziano 25 - 1227 Les Acacias - Switzerland
Website: www.infomaniak.com
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the Naturoleum website is:
Online sale of cosmetics and other natural products.
ARTICLE 3. CONTACT
For any questions or requests for information concerning the site, or any reporting of illegal content or activities, the user can contact the publisher at the following email address: info@naturoleum.com.
ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE
Access to and use of the site are subject to acceptance and compliance with these General Terms of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to developments on the site by making new features available or removing or modifying existing features.
The user is therefore advised to refer to the latest version of the T&Cs before browsing, which is accessible at any time on the site. In the event of disagreement with the T&Cs, no use of the site may be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of it in order to carry out updates, modifications to its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the Naturoleum site constitute unreserved acceptance of these General Conditions of Use, regardless of the technical means of access and the terminals used.
These T&Cs apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
Delete any information that may disrupt its operation or contravene national or international laws;
Suspend the site in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
REGISTRATION
Access to certain services, and in particular to all paid services, is subject to user registration.
Registration and access to the site's services are reserved exclusively for capable individuals who have completed and validated the registration form available online on the Naturoleum site, as well as these General Terms and Conditions of Use.
When registering, the user agrees to provide accurate, sincere and up-to-date information about themselves and their civil status. The user must also regularly verify their data in order to maintain its accuracy.
The user must therefore imperatively provide a valid e-mail address, to which the site will send them confirmation of their registration for its services. An e-mail address cannot be used multiple times to register for the services.
Any communication made by Naturoleum and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the site's services is permitted per natural person.
The user is assigned an identifier allowing them to access a space whose access is reserved for them (hereinafter "Personal Space"), in addition to entering their password.
The identifier and password can be changed online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.
Naturoleum reserves the right in any event to refuse a request for registration for the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.
UNSUBSCRIBE
A regularly registered user may request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE SITE PUBLISHER
The user is informed that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:
If the user makes illegal use of the site;
If the user, when creating their personal space, voluntarily transmits erroneous information to the site;
If the user has not been active on their personal space for at least one year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage for the user whose account has been deleted.
This deletion cannot constitute a waiver of legal proceedings that the publisher could undertake against the user who has contravened these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that it has edited itself.
The publisher is not responsible for:
In the event of technical, computer or compatibility problems or failures of the site with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating there;
Illegal content or activities using its site, without having duly acknowledged it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness, and timeliness of the information disseminated there.
The user is responsible for:
The protection of his equipment and data;
The use he makes of the site or its services;
If he does not respect either the letter or the spirit of these T&Cs.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which Naturoleum has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites.
The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, prior information of the publisher of the site is necessary before any establishment of a hypertext link.
Sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or that may offend the sensibilities of the majority are excluded from this authorization.
Finally, Naturoleum reserves the right to have a hypertext link pointing to its site removed at any time, if the site considers it to be non-compliant with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to these General Conditions, the site has a confidentiality policy that describes how personal data is processed when the user visits the site, as well as how cookies are used.
By browsing the site, the user declares that they have also read the aforementioned confidentiality policy.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 et seq. of the Intellectual Property Code. And this, with the exception of elements expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.
The user is prohibited from entering data on the site that would modify or that would be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.