General Terms and Conditions of Sale
1- Legal notices
HELLO BEAUTIFUL is a simplified joint-stock company with share capital of 5,000 euros, registered with the Bobigny Trade and Companies Register under number 981 562 234, having its registered office at 5 rue Pleyel, 93200 Saint-Denis, France, represented by its President, Ms. Maud Bouquet (the “Company”).
The Company's contact email address is: hello@demele.com
The Company's business consists of the wholesale and retail distribution of cosmetic and beauty products to individuals and professionals, in France and abroad, by all means (the “Products”), in particular via the Internet through its website www.demele.com (the “Site”).
The Site is hosted by Shopify Inc, whose address is 126 York St. Ottawa, ON K1N 5T5, Canada.
Definitions of terms not otherwise defined :
“Customer” means the professional, non-professional or consumer who has placed an order for a Product sold on the Site.
“User” means any legal entity or individual who uses and browses the Site, whether or not they are a customer.
2- General principles
The General Terms and Conditions of Sale define the terms and conditions of online sales concluded between the Company and any User making a purchase via the Site.
They are drafted in French in their original version, which alone is authoritative and shall prevail over any other version.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions. They are accessible to the Customer on the Site at any time and are systematically presented to the Customer before any order and when the order is registered.
All Users of the Site undertake to comply with the General Terms and Conditions of Sale, without restriction or reservation, whether they visit the Site or place an order. The Customer is bound by the General Terms and Conditions of Sale and declares that they have read them before placing any order for Products.
Consequently, placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale.
A printed version of the General Terms and Conditions of Sale, as well as any information sent electronically, shall be admissible in any legal proceedings concerning the application of the General Terms and Conditions of Sale in the same manner and under the same conditions as any other written document kept in paper format.
The failure to exercise, at any time, any right recognized by the General Terms and Conditions of Sale, or to require the application of any provision of the agreement arising from those Conditions, shall under no circumstances be interpreted as either a modification of the contract or an express or tacit waiver of the right to exercise that right in the future, or of the right to require strict performance of the obligations set out under the General Terms and Conditions of Sale.
If any term of the General Terms and Conditions of Sale is deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Modification of the General Terms and Conditions of Sale
Given that the Site may evolve, the Company reserves the right to adapt or modify the General Terms and Conditions of Sale at any time. Consequently, the Company invites the Customer to consult the General Terms and Conditions of Sale before placing any new order. The General Terms and Conditions of Sale in force at that time apply to all orders placed from the date they are posted online.
The version of the General Terms and Conditions of Sale that prevails is the latest version available on the Site.
3- Legal Capacity
The Customer must be a duly represented legal entity or an adult individual with the legal capacity to place an order on the Site. Otherwise, they must have the authorization of their legal representative to place an order, which they expressly acknowledge and accept.
4- Products
The essential characteristics of the Products are described for each Product in the online catalogue. They were presented to the Customer before the order was placed, as part of the pre-contractual information provided to them.
5- Customer Account
To place an order online on the Site, the Customer is offered the option of creating a Customer account, although this is not mandatory.
To create an account, the Customer will be asked to provide their surname, first name(s), telephone number, email address and postal address.
Once their Customer account has been created, a confirmation email summarizing the information provided is sent to the Customer at the address previously provided.
The Customer undertakes to provide the Company with accurate, up-to-date and complete data and to maintain its accuracy. The Customer undertakes not to create an account under a false identity. The Customer is responsible for updating their data.
The login identifier is the Customer’s email address. Access to the Customer account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to disclose it to third parties for any reason whatsoever. The Customer is responsible for their password. If the Customer notices that their account is being used fraudulently, they undertake to report it immediately to the Company.
6- Order
The Customer places their order from the Company’s online catalog available on the Site.
All orders must be placed exclusively through the Site.
It is specified that every order placed on the Site is an order with an obligation to pay.
Any order constitutes acceptance of the description of the Products and the prices in effect on the date of the order.
To place an online order on the Site, the Customer must:
- fill their cart with one or more Products;
- enter the billing and/or delivery address;
- choose the delivery method.
Once the Customer has completed their order, they may check the Products ordered, the total price of their order and its terms. They choose their payment method. Where applicable, they may modify the order or go back to it before definitively validating it.
The order will only be definitively recorded upon the final validation of the order summary screen. This action is deemed equivalent to the handwritten signature referred to in Article 1367 of the French Civil Code and to the conclusion of an electronic contract within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code. As of this action:
- the Customer confirms their order and declares that they accept it, as well as the General Terms and Conditions of Sale in their entirety, fully and without reservation; and
- the order is deemed irrevocable and may only be challenged in the limited circumstances provided for herein.
The Customer may print the order form corresponding to their order.
7- Order confirmation
As soon as the Customer’s order has been registered, a detailed acknowledgment of receipt is sent to the email address previously provided by the Customer. This acknowledgment of receipt specifies the exact amount charged, the products ordered and their quantities, the delivery terms for the order, and refers to the General Terms and Conditions of Sale. This acknowledgment of receipt constitutes the Company’s acceptance of the order and validates the transaction. The Customer agrees that the order-recording systems constitute proof of the purchase and its date. By keeping this email and/or printing it, the Customer has proof of their order, which the Company recommends retaining.
This email confirms that the Customer’s order has been registered by the Company and does not mean that the ordered Product is available.
The Company undertakes to fulfill online orders only while stocks last.
In the event of unavailability, the Company undertakes to inform the Customer as soon as possible by email or telephone. If the ordered Product is unavailable, the Customer may either cancel or modify their order. In the event of cancellation due to unavailability, the Customer will be refunded within fourteen (14) days of receipt of their cancellation request.
8- Prices
Product Prices
Product prices are shown in euros, including all taxes. They include VAT applicable in France on the date the order is placed.
The prices announced do not include shipping costs, which are generally borne by the Customer, in accordance with the provisions of the "Shipping Costs" article below.
Promotional offers are valid only within the dual limits of the validity period of the offer concerned and available stock.
Promotional codes apply only to undiscounted base prices and cannot be combined with one another or with gift cards. Promotional codes may be used once per Customer account, except under the loyalty program, the terms of which are set out in the "Loyalty and Referral Program" article below.
Cost of Using a Distance Communication Method
The Site is accessed via the Internet.
The costs of accessing the Internet network through a distance communication service are borne by the Customer.
9- Shipping Costs
Shipping/return costs are borne exclusively by the Customer, except in the specific case provided for in the "Delivery" article of the General Terms and Conditions of Sale, relating to the non-conformity or a defect/fault in the Product. They include order processing and packaging.
However, by way of exception, for any order of Product(s) exceeding thirty-five (35) euros in mainland France, the initial delivery costs are covered by the Company.
10- Gift Card
A gift card is available for purchase on the Site in several denominations. The gift card is digital. A unique code that may be used to purchase Product(s) on the Site is sent to the Customer after payment for the gift card order. The gift card balance may be used across several purchases on the Site. The gift card is non-transferable and non-exchangeable.
12- Payment
Payment for the order is due in full on the date the order is placed. For the purposes of this article, payment means that the funds have actually been made available to the Company.
Payment Terms
Payment is made online when ordering by bank card, PayPal or Apple Pay under the following conditions. The terms of use of the PayPal or Apple Pay platforms (available on their respective websites) apply concurrently with these terms and are independent of the Company, which in no way intervenes in the use of said platforms.
In all these cases, the order will be processed upon receipt of payment and subject to its successful collection.
In the event of the bank's refusal, the order will be automatically canceled.
Transaction security
To optimize the security of Internet transactions, the Site uses an SSL (Secure Socket Layer) online payment system so that every measure is taken to ensure the confidentiality and security of data transmitted as part of an online payment.
Our online payment system automatically checks the validity of access rights when payment is made by bank card and encrypts all communications to ensure their confidentiality.
To benefit from secure SSL payment, the Customer must use browsers compatible with the SSL system.
13 -Delivery
Delivery terms
Delivery is available in mainland France, the European Union or internationally, at the Customer's choice.
The parcel tracking number will be sent to the Customer by email, allowing them to track their delivery.
Shipping costs will be charged at the rate in effect on the date of the order and may vary depending on the delivery destination of the Products and the delivery method chosen by the Customer on the Site, which the Customer expressly acknowledges and accepts.
The Customer reviews the delivery terms before finally validating their order.
Delivery time
Delivery times are indicated on the Site when the order is placed. They vary depending on the delivery method chosen. They begin to run upon receipt of payment by the Company.
If several items ordered at the same time have different delivery dates, the delivery deadline will be the latest one. However, in this case, the Company reserves the right to deliver the order in several shipments.
Although indicative, the Company will make its best efforts to meet the delivery times stated at the time of ordering.
In the event of a delivery delay attributable to the Company, the Customer may request cancellation of the sale of the Product by registered letter with acknowledgment of receipt or by any other durable medium (in particular, an email with acknowledgment of receipt) if, after having formally required the Company, using the same means, to make the delivery within an additional period of fifteen (15) days, the Company has not done so within that period.
In this case, the sale will be deemed cancelled upon the Company's receipt of the letter informing it of the termination, unless the Company has performed its obligations in the meantime.
In the event of cancellation of the sale, the Company will reimburse the Customer within fourteen (14) days from the date of cancellation.
Failure to comply with the delivery deadlines shall not give rise to the payment of any compensation.
14- Receipt of the Products
The Customer must check the condition of the packaging and the conformity of the Product upon delivery and must immediately notify the delivery driver of any reservations they wish to make concerning the condition of the delivered Product so that they are noted on the transport document: damaged packaging, damage sustained, conformity with the order, etc.
Any claim concerning apparent defects or the non-conformity of the Product delivered compared with the information provided when the Product was presented on the Site, as well as any damage related to transport, must be confirmed by the Customer to the Company within 48 hours of receiving the Product, either by registered letter with acknowledgment of receipt sent to the following address: 5 rue Pleyel, 93200 Saint-Denis, or by email to the following address: hello@demele.com
The Customer must provide all evidence concerning the reality of the non-conformities, damage or defects observed.
If no claim is made within the aforementioned time limit and under the aforementioned conditions, the delivered Products will be deemed to have been accepted by the Customer.
By reporting the defect or lack of conformity of the Product, the Customer will obtain return authorization from the Company, specifying the address and procedures for returning the Products.
Once return authorization has been obtained, the Customer shall reship the Products to the Company at the address specified in the return authorization, in accordance with the indicated procedures.
Any Product reshipped without the Company's approval will be refused and returned to the sender at the latter's expense and risk.
To be validly returned to the Company and/or exchanged, the Products must not have been used and must be returned intact in their original packaging, together with any accessories, user manuals and other documentation.
If the Customer returns the Product due to a proven lack of conformity confirmed by the Company, the Customer must use the same delivery method for returning the Products as the one chosen for shipping the Products ordered. In this case, the return costs will be covered by the Company by means of a return label or, failing that, by reimbursing the Customer for the actual amount of such costs (proof of postage costs must be enclosed with the parcel; otherwise, the Customer may not claim any reimbursement).
15- Legal guarantees
Guarantee of conformity and legal guarantee against hidden defects
The Customer benefits from the legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code, available at the following link: link and link) and from the legal guarantee relating to defects in the item sold (Articles 1641 et seq. of the Civil Code, available at the following link: link), the main provisions of which are reproduced below.
LEGAL GUARANTEE OF CONFORMITY
Article L. 217-3 of the French Consumer Code, paragraphs 1 and 2 :
The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter was the responsibility of the contract or was carried out under their responsibility.
Article L. 217-4 of the French Consumer Code:
The goods comply with the contract if they meet, in particular where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly with regard to the functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° They are suitable for any particular purpose sought by the consumer, brought to the seller's attention no later than when the contract is concluded and accepted by the seller;
3° They are delivered with all accessories and installation instructions that must be provided in accordance with the contract;
4° They are updated in accordance with the contract.
Article L. 217-5 of the French Consumer Code :
I.-In addition to the contractual conformity criteria, the goods comply if they meet the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law, as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and the public statements made by the seller, by any person earlier in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II.-However, the seller is not bound by all the public statements referred to in the preceding paragraph if the seller demonstrates:
1° That they were unaware of them and could not reasonably have been expected to know about them;
2° That, at the time the contract was concluded, the public statements had been corrected under conditions comparable to those of the initial statements; or
3° That the public statements could not have influenced the purchasing decision.
III.-The consumer may not challenge conformity by invoking a defect concerning one or more specific characteristics of the goods, where the consumer was specifically informed that they deviated from the conformity criteria set out in this article and expressly and separately consented to that deviation when concluding the contract.
Article L. 217-7, paragraph 1, of the French Consumer Code :
Lack of conformity that becomes apparent within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 of the French Consumer Code :
In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit stipulated in the contract until the seller has fulfilled the obligations incumbent upon them under this chapter, under the conditions set out in Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
WARRANTY AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code :
The seller is bound by the warranty for hidden defects in the item sold that render it unfit for the purpose for which it is intended, or that so diminish its usefulness that the buyer would not have purchased it, or would have paid only a lower price, had they known of them.
Article 1643 of the Civil Code:
The seller is liable for hidden defects, even if they were unaware of them, unless, in that case, they stipulated that they would not be bound by any warranty.
Article 1644 of the Civil Code :
In the cases referred to in Articles 1641 and 1643, the buyer may choose either to return the item and have the price refunded, or to keep the item and have part of the price refunded.
Article 1648, paragraph 1 of the Civil Code :
An action arising from defects covered by the legal warranty must be brought by the purchaser within two years of discovering the defect.
16- Liability
Information
The Company endeavors, to the best of its ability, to ensure the accuracy and currency of the information disseminated on the Site, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision, or completeness of the information appearing on the Site. Consequently, it disclaims all liability for any inaccuracies, errors, or omissions relating to the available information, as well as any liability for damage resulting from a fraudulent intrusion by a third party that has led to a modification of the information contained on the Site.
Hyperlinks established on the Site directing users to other resources available on the Internet shall not render the Company liable. Indeed, the Company has no means of monitoring websites connected to its Site, of which the Customer is expressly informed under these terms. Consequently, the risks associated with such use are borne entirely by the internet user, who must comply with the specific terms of use of each site.
Likewise, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Company may not be held liable for any error in any of these photographs or texts.
Compliance of the Products with applicable standards
The Company undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.
Use of the Website
Use of and browsing on the Website are carried out under the User's responsibility. The Company disclaims all liability and may not be held liable for any damage or viruses that may affect computer equipment or any other hardware when accessing, using or browsing the Website, downloading any content, data, text, images or files from the Website.
Improper use/installation of the Product
The Company disclaims all liability and may not be held liable for any damage caused to the Customer or a third party due to use of the Product that does not comply with its intended purpose.
17- Right of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, a consumer who enters into a contract by means of distance communication has a withdrawal period of fourteen (14) days from the date of receipt of the Product in which to cancel their order.
It is specified that, in the case of an order for several goods delivered separately, or an order for a good made up of multiple lots or parts whose delivery is staggered over a defined period, the period begins upon receipt of the last good, lot or part.
For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first item.
To exercise the right of withdrawal, the Customer has fourteen (14) days to inform the Company of their intention to withdraw by completing and sending the withdrawal form provided in printable form as an appendix hereto.
When the right of withdrawal is exercised electronically online via the Website, the Company will promptly send the Customer an acknowledgment of receipt of the withdrawal.
The Customer subsequently sends the Product(s) within fourteen (14) days of sending the withdrawal form, accompanied by a copy of the invoice. The costs and risks of shipping and returning the Product(s) are borne exclusively by the Customer. The Products must be returned to the Company at the following address:
ADS Evreux | BIG UNBT Returns
ZAC Multi-site Long Buisson 2
Rue Rolland Garros
27930 GUICHAINVILLE, FRANCE
The cost of returning the Product is the initial delivery cost under the standard delivery method offered by the Company when the order was placed.
The Company undertakes to refund the Customer the price of their order within fourteen (14) days of receiving the Products or, at the latest, proof that the Products have been shipped (whichever is earlier).
The Products must not have been used or damaged and must be returned intact in their original packaging with any accompanying accessories, user manuals and other documentation.
The Customer may be held liable in the event of damage to the Product caused by the Customer.
18- Intellectual property
The Customer has no intellectual or industrial property rights in the Products, packaging or containers; the Company remains the exclusive owner of all such rights.
Any use by the Customer, in any manner whatsoever, of the HELLO BEAUTIFUL trademark or any other trademark belonging to the Company or its suppliers and manufacturers is strictly prohibited, except with the Company's consent.
The content and structure of the Site are protected worldwide by copyright and intellectual property rights.
Accordingly, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to any different or more restrictive provisions of the Intellectual Property Code.
Any reproduction or representation, in whole or in part, of any content appearing on the Site (including any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes infringement and may give rise to the infringer's civil and criminal liability.
None of the provisions of the General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property right.
19- Personal data protection
The Company declares that it complies with and undertakes to comply with the personal data regulations in force in France, in particular the European General Data Protection Regulation of April 27, 2016 (GDPR) and the amended French Data Protection Act of January 6, 1978.
The applicable policy is available at the following link: www.demele.com/pages/mentions-legales-et-politique-de-confidentialite
20- Force majeure
The Company and the Customer shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a force majeure event within the meaning of Article 1218 of the French Civil Code.
21- Applicable law and competent jurisdiction
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
In the event of a dispute relating to these General Terms and Conditions of Sale or to the sale, the parties will attempt, wherever possible, to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court shall be the court of the defendant’s place of residence or the court of the place where the Product was effectively delivered.
22- Recourse to the consumer mediator
If you are a “consumer” within the meaning of the preliminary article of the French Consumer Code, you must first submit your complaint directly to us via the Site’s contact form or at the following email address: hello@demele.com
If this attempt is unsuccessful, you may use a conventional mediation procedure or any other alternative dispute resolution method, including by contacting, free of charge and within one year of your complaint, the consumer mediator competent under the provisions of Title V of Book Ist of the French Consumer Code:
Mediator of the French Federation of E-commerce and Distance Selling (FEVAD)
60 rue de la Boétie - 75008 PARIS
mediateurducommerce@fevad.com
https://www.mediateurfevad.fr
To resolve your dispute, you may access the European online dispute resolution platform provided for by Regulation (EU) No.o 524/2013 of 21 May 2013 on the online resolution of consumer disputes, particularly cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
If this mediation is unsuccessful, or if you do not wish to use it, you remain free to submit your dispute to the competent courts in accordance with the “Applicable law and competent jurisdiction” clause herein.
APPENDIX – Withdrawal form
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of:
HELLO BEAUTIFUL SAS, a simplified joint-stock company with share capital of €5,000, registered with the Bobigny Trade and Companies Register under number 981 562 234, with its registered office at 5 rue Pleyel, 93200 Saint-Denis, France
I/we(*) hereby notify you of my/our(*) withdrawal from the contract for the sale of the goods below:
Ordered on/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.