General Terms and Conditions of Sale
1- Legal notices
HELLO BEAUTIFUL is a simplified joint-stock company with a capital of 5,000 euros registered with the trade and companies register of Bobigny under number 981 562 234, having its registered office at 5 rue Pleyel, 93200 Saint-Denis, France, represented by its President, Mrs. Maud Bouquet (the " Company ").
The Company's contact email address is: hello@demele.com
The Company's business is the wholesale and retail distribution of cosmetic and beauty products to individuals and professionals, in France and abroad, by all means (the " Products "), including 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 defined elsewhere :
“ Client ” refers to the professional, non-professional or consumer who has placed an order for a Product sold on the Site.
“ User ” means any legal or natural person who uses and browses the Site, whether they are a customer or not.
2- General principles
The General Terms and Conditions of Sale define the terms of online sales concluded between the Company and any User making a purchase via the Site.
They are written in French in their original version, which alone is authentic and prevails over any other version.
The General Terms and Conditions of Sale apply to the exclusion of all other conditions. They are accessible to the Customer on the Website at any time and are systematically presented to the Customer before any order and at the time of order registration.
All users of the Site agree to comply, without restriction or reservation, with the General Terms and Conditions of Sale, whether they are simply browsing or placing an order. The Customer is bound by the General Terms and Conditions of Sale and declares having read them before placing any order for Products.
Consequently, placing an order implies the Client'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, a prerogative recognized by the General Terms and Conditions of Sale, or to demand the application of any stipulation of the agreement arising from said Conditions, shall in no case be interpreted as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to demand the scrupulous execution of the commitments provided for under the General Terms and Conditions of Sale.
In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in effect.
Modification of the General Terms and Conditions of Sale
Given the potential for changes to the Site, the Company reserves the right to adapt or modify these Terms and Conditions of Sale at any time. Therefore, the Company encourages the Customer to review the Terms and Conditions of Sale before placing any new order. The Terms and Conditions of Sale in effect at the time of publication apply to all orders placed from the date they are published online.
The version of the General Terms and Conditions of Sale that prevails is the latest version available on the Site.
3- Capacity
The Customer must be a duly represented legal entity or a natural person of legal age with the legal capacity to place an order on the Site. Failing this, 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 prior to the order, as part of the pre-contractual information provided to them.
5- Customer Account
In order to place an order online on the Site, it is suggested that you create a Customer account, although this is not mandatory.
To create their account, the Client will be asked to provide their name, surname(s), telephone number, email address and postal address.
After the creation of their customer account, a confirmation email summarizing the information provided is sent to the customer at the address they previously provided.
The Client agrees to provide the Company with accurate, up-to-date, and complete data and to maintain its accuracy. The Client agrees not to create an account under a false identity. It is the Client's responsibility to keep their personal data up to date.
The login ID is the Client's email address. Access to the Client account is protected by a personal and confidential password. The Client agrees to keep it secret and not to disclose it to any third party for any reason whatsoever. The Client is responsible for their password. If the Client becomes aware that their account is being used fraudulently, they agree to notify the Company immediately.
6- Order
The Customer places their order from the Company's online catalogue accessible on the Site.
All orders are placed exclusively via the Site.
It is specified that any order placed on the Site is an order with an obligation to pay .
All orders imply acceptance of the product descriptions and prices in effect on the day of the order.
To place an order online on the Site, the Customer must:
- fill your basket with one or more Products;
- provide the billing and/or delivery address;
- Choose the delivery method.
Once the order is complete, the Customer can review the ordered Products, the total price, and the order details. They then choose their payment method. If necessary, they can modify or review the order before final confirmation.
The order will only be definitively registered upon final confirmation of the order summary screen. This action is equivalent to a handwritten signature as defined in Article 1367 of the French Civil Code and to the conclusion of a contract in electronic form as defined in Articles 1127-1 and 1127-2 of the French Civil Code. From the moment of this action:
- The Customer confirms their order and declares that they accept it, as well as all of the General Terms and Conditions of Sale fully and without reservation; and
- the order is considered irrevocable and can only be challenged in the limited cases provided for herein.
The Customer has the option to print the order form corresponding to their order.
7- Order Confirmation
Upon registration of their order, the Customer receives a detailed order confirmation at the email address they previously provided. This confirmation specifies the exact amount charged, the products ordered and their quantity, the delivery details, and refers to the General Terms and Conditions of Sale. This confirmation constitutes acceptance of the order by the Company and validates the transaction. The Customer agrees that the order registration systems serve as proof of purchase and its date. By saving and/or printing this email, the Customer retains proof of their order, which the Company recommends they keep.
This email confirms that the Customer's order has been received by the Company and not that the ordered Product is available.
The Company undertakes to fulfill online orders only within the limits of available stock.
If an item is unavailable, the Company will 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- Price
Product Prices
Product prices are shown in euros, inclusive of all taxes. They include VAT applicable in France on the date of the order.
The prices quoted do not include shipping costs, which are in principle the responsibility of the Customer, in accordance with the provisions of the article "Shipping Costs" below.
Promotional offers are valid only within the dual limits of the validity period of the offer in question and available stock.
Promotional codes apply only to full, undiscounted prices and cannot be combined with each other or with gift cards. Promotional codes can be used once per customer account (excluding loyalty programs, the terms and conditions of which are outlined in the "Loyalty and Referral Programs" section below).
Cost of using a remote communication technique
Access to the Site is via the Internet.
The costs of accessing the Internet network via a remote communication service are borne by the Client.
9- Shipping costs
Shipping and return costs are the sole responsibility of the Customer, except in the limited case provided for in the "Delivery" section of the General Terms and Conditions of Sale, related to non-conformity or a defect/fault in the Product. These costs include order processing and packaging.
However, by way of exception, for any order of Product(s) exceeding thirty-five (35) euros in metropolitan France, the initial delivery costs are borne 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, which can 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 can be used for multiple 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 day the order is placed. For the purposes of this article, payment is defined as the actual release of funds to the Company.
Payment methods
Payment is made online at the time of order by credit card, PayPal, or Apple Pay under the following conditions. The terms of use of the PayPal or Apple Pay platforms (accessible on their respective websites) apply concurrently to these terms and are independent of the Company, which does not intervene in any way in the use of said platforms.
In all these cases, the order will be processed upon receipt of payment and subject to its clearance.
If the bank refuses the order, it will be automatically cancelled.
Transaction security
To optimize the security of online transactions, the Site uses an SSL (Secure Socket Layer) online payment system so that all means are implemented to ensure the confidentiality and security of the data transmitted, within the framework of an online payment.
Our online payment system automatically checks the validity of access rights when paying by bank card and encrypts all exchanges to guarantee confidentiality.
To benefit from the secure SSL payment method, the Customer must use browsers compatible with the SSL system.
13 - Delivery
Delivery methods
Delivery is made in mainland France, the European Union or internationally at the Customer's choice.
The parcel number will be provided to the Customer by email, allowing them to track their delivery.
Shipping costs will be charged at the rate in effect on the day of the order and may vary depending on the territory of delivery of the Products and the delivery method chosen by the Customer on the Site, which the Customer expressly acknowledges and accepts.
The Customer is informed of the delivery terms before final validation of their order.
delivery time
Delivery times are indicated on the Website at the time of ordering. They vary depending on the delivery method chosen. They begin from the date the Company receives payment.
If several items ordered at the same time have different delivery dates, the latest delivery date will apply. However, in this case, the Company reserves the right to deliver the order in several installments.
Although they are indicative, the Company will make its best efforts to meet the delivery times mentioned at the time of ordering.
In the event of a delay in delivery attributable to the Company, the Customer shall have the right to request the cancellation of the sale of the Product by registered letter with acknowledgment of receipt or on any other durable medium (including email with acknowledgment of receipt) if, after having ordered the Company to make the delivery within an additional period of fifteen (15) days using the same methods, the Company has not complied within this period.
In this case, the sale will be considered cancelled upon receipt by the Company 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 meet delivery deadlines shall not give rise to the payment of any compensation.
14- Product Reception
The Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately notify the delivery person of any reservations they intend to make regarding the condition of the delivered Product so that they are mentioned on the transport document: damaged packaging, damage suffered, conformity with the order, etc.
Any claim regarding apparent defects or non-conformity of the delivered Product with the information provided during the Product presentation on the Website, 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 to the following address: 5 rue Pleyel, 93200 Saint-Denis, or by email to the following address: hello@demele.com
The Client must provide all justifications regarding the reality of the non-conformities, damage or defects observed.
In the absence of a claim made within the aforementioned time and conditions, the delivered Products will be deemed accepted by the Customer.
By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from the Company, specifying the address and terms of return of the Products.
Once the return authorization has been obtained, the Customer reships the Products to the Company at the address specified on the return authorization according to the terms indicated.
Any Product reshipped without the Company's agreement will be refused and returned to the sender at the sender's expense and risk.
To be validly returned to the Company and/or exchanged, Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
If the Customer returns a Product due to a proven and confirmed defect, the Customer must use the same delivery method for the return shipment as the one chosen for the original shipment. In this case, the return shipping costs will be covered by the Company via a prepaid return label or, failing that, by reimbursing the Customer for the actual amount of said costs (proof of postage must be included in the package; if it is missing, the Customer will not be entitled to a refund).
15- Legal guarantees
Warranty of conformity and legal warranty against hidden defects
The Customer benefits from the legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code, accessible at the following link: link and link ) and the legal guarantee relating to defects in the thing sold (articles 1641 et seq. of the Civil Code, accessible at the following link: link ), the main provisions of which are reproduced below.
GUARANTEE OF CONFORMITY
Article L. 217-3 of the Consumer Code, paragraphs 1 and 2 :
The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.
Article L. 217-4 of the Consumer Code:
The goods conform to the contract if they meet, in particular where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special purpose sought by the consumer, which is brought to the seller's attention no later than the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L. 217-5 of the Consumer Code :
I.-In addition to the criteria for conformity to the contract, the goods are compliant if they meet the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, any specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains shall be provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where appropriate, it is provided with the updates that the consumer can 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 can legitimately expect from goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream 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 mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public statements had been rectified under conditions comparable to the initial statements; or
3° That the public statements could not have had any influence on the purchase decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.
Article L. 217-7, paragraph 1 of the Consumer Code :
Any lack of conformity which appears 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 this presumption is incompatible with the nature of the goods or the alleged defect.
Article L. 217-8 of the Consumer Code :
In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a price reduction or to the 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 delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code :
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1643 of the Civil Code:
He is liable for hidden defects, even if he did not know about them, unless, in that case, he stipulated that he would not be bound by any guarantee.
Article 1644 of the Civil Code :
In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund of the price.
Article 1648, paragraph 1 of the Civil Code :
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
16- Responsibility
Information
The Company strives to ensure, to the best of its ability, the accuracy and timeliness of the information published on the Site, which it reserves the right to modify at any time and without prior 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 in the information available, as well as any liability for damages resulting from the fraudulent intrusion of a third party that led to a modification of the information contained on the Site.
The hyperlinks provided on the Site to other resources on the Internet do not imply any liability on the part of the Company. Indeed, the Company has no means of controlling the sites linked to its Site, a fact of which the Client is expressly informed herein. Consequently, the risks associated with such use are entirely the responsibility of the user, who must comply with the specific terms of use of each site.
Similarly, the photographs and texts used to illustrate the Products are not contractual. Consequently, the Company cannot be held liable for any errors in these photographs or texts.
Product compliance 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 Site
Use of and browsing of the Site are at the User's own risk. The Company disclaims all liability and shall not be held responsible for any damage or viruses that may affect computer equipment or any other material during access to, use of, or browsing of the Site, or the downloading of any content, data, text, images, or files from the Site.
Improper use/installation of the product
The Company declines all responsibility and shall not be held liable for any damage caused to the Customer or to a third party due to use of the Product not in accordance with its intended purpose.
17- Right of withdrawal
In accordance with Article L. 221-18 of the Consumer Code, a consumer who concludes a contract through a means of distance communication has a withdrawal period of fourteen (14) days from the date of receipt of the Product to return to his order.
It is specified that in the case of an order relating to several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.
To exercise his right of withdrawal, the Customer has fourteen (14) days to inform the Company of his intention to withdraw by completing and sending the withdrawal form made available to him in printable version in the appendix to this document.
When the right of withdrawal is transmitted electronically online from the Site, the Company will send the Customer an acknowledgement of receipt of the withdrawal without delay.
The Customer must then send the Product(s) within fourteen (14) days of sending the withdrawal form, along with a copy of the invoice. The Customer is solely responsible for the costs and risks of return shipping. The Products must be returned to the Company at the following address:
ADS Evreux | BIG UNBT Returns
Long Buisson 2 Multi-site Development Zone
Rolland Garros Street
27930 GUICHAINVILLE, FRANCE
The cost of returning the Product is the initial delivery cost under the standard delivery method offered by the Company at the time of ordering.
The Company undertakes to reimburse the Customer for the price of his order within fourteen (14) days of receipt of the Products or at least of proof of shipment of the Products (whichever of the two dates is earlier).
The Products must not have been used or damaged and must be returned intact in their original packaging with any 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 Client has no intellectual or industrial property rights over the Products, packaging, containers, the Company remaining the exclusive owner of all these rights.
Any use whatsoever by the Customer of the HELLO BEAUTIFUL brand or any other brand belonging to the Company or its suppliers and manufacturers is strictly prohibited, unless agreed to by the Company.
The content and structure of the Site are protected by copyright and intellectual property rights worldwide.
In this respect, 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 present 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 an infringement that may give rise to civil and criminal liability for the infringer.
None of the provisions of the General Terms and Conditions of Sale shall be interpreted as granting the Customer a license to any intellectual property right.
19- Protection of personal data
The Company declares that it respects and undertakes to respect the regulations relating to personal data in force in France, and in particular the European General Data Protection Regulation of 27 April 2016 (GDPR) and the amended French Data Protection Act of 6 January 1978.
The applicable policy is accessible at the following link: www.demele.com/pages/mentions-legales-et-politique-de-confidentialite
20- Force majeure
The Company and the Client shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
21- Applicable law and competent jurisdiction
These General Terms and Conditions of Sale and the transactions arising therefrom are subject to French law.
In the event of a dispute relating to these General Terms and Conditions of Sale or to the sale, the parties will try as far as possible to resolve their dispute amicably.
In the absence of an amicable agreement, the competent court is that of the defendant's domicile or that of the actual delivery of the product.
22- Recourse to the consumer mediator
If you are a "consumer" as defined in the preliminary article of the Consumer Code, you must first send your complaint directly to us via the Site's contact form or to the following email address: hello@demele.com
If this attempt fails, you may resort to conventional mediation or any other alternative dispute resolution method, including, free of charge, within one year of your complaint, contacting the competent consumer mediator as defined in Title 5 of Book I of the Consumer Code:
Mediator for the French Federation of E-commerce and Distance Selling (FEVAD)
60 rue de la Boétie - 75008 PARIS
mediateurducommerce@fevad.com
https://www.mediateurfevad.fr
In order to resolve your dispute, you can access the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr/.
In the event of failure of this mediation, or if you do not wish to resort to it, you remain free to submit your dispute to the competent courts in accordance with the article "Applicable Law and Jurisdiction" herein.
APPENDIX – Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of:
HELLO BEAUTIFUL SAS, a simplified joint-stock company with a 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
I/We(*) hereby notify you of my/our(*) withdrawal from the contract for the sale of the following goods:
Ordered on/received on (*):
Name of consumer(s):
Consumer address(es):
Signature of the consumer(s) (only if this form is submitted on paper):
Date :
(*) Delete as appropriate.