Terms and conditions of sale

Article 1. About us

The present conditions of sale are applicable to the eclobeauty.com merchant website managed by Sustainable Beauty, a company with share capital of 10,953.80€, headquartered at 107, avenue Henri Fréville, Cs 10704, 35207 Rennes Cedex 2, and registered in the Rennes Trade and Companies Register under number 899 132 203 (hereinafter, the "Seller"), which markets products to consumers and buyers (hereinafter, the "Customer").

By using this site, you acknowledge having read and accepted these conditions.

Last date of modification of the GCS: June 2022.

Article 2. Purpose

The purpose of these terms and conditions of sale is to define the contractual relationship between Sustainable Beauty and the Buyer, and the conditions applicable to all purchases made through the eclobeauty.com website.

The acquisition of a product through this website implies the Buyer's unreserved acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to ordering.

Prior to any transaction, the Buyer declares on the one hand that the purchase of products on the eclobeauty.com website is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.

Sustainable Beauty reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. As a result, the applicable conditions will be those in force at the date of the buyer's order.

Definitions:

"User" refers to any individual or legal entity using this Site.

"Buyer or Buyers" refers to the Consumer who has placed an Order for a Product sold on the Website;

"Order" refers to any order placed by the User on this Site and registered for this purpose on this Site;

"General Terms and Conditions of Sale or GTCS" refers to the present general terms and conditions of online sale;

"Products" refers to the material things that can be appropriated and that are offered for sale on this Site;

"Site" refers to this website, i.e. eclobeauty.com;

"Company" refers to Sustainable Beauty, as more fully described in Article 1 hereof.

Article 3. Products

The Products offered are those shown on the Website, while stocks last. The Company reserves the right to modify the product range at any time. Each product is presented on the Website in the form of a description of its main technical characteristics (capacity, use, composition). The photographs are as accurate as possible, but are not binding on the Vendor. The sale of products presented on the eclobeauty.com website is intended for all Buyers residing in countries that fully authorize the entry of these products into their territory.

The Buyer declares that he is fully aware of the provisions of the product and agrees not to hold the Seller liable, subject to the application of mandatory legal provisions.

Article 4. Prices and VAT

Product prices are those shown on the site on the day of consultation by the customer. Product prices are quoted in euros and include VAT, but exclude delivery charges, which are payable by the customer unless otherwise stated. European Community countries are taxed at the current VAT rate. Other countries are exempt and pay import duties. Tax calculation is fully automated by the system.

Customs charges :

Your order will be shipped from our logistics provider in France.

For European Union member countries, no customs charges will be applied.

Outside these countries, customs charges may be applied by the customs authorities of the country of delivery. The amount may vary depending on the country in question.

Article 5. Ordering process

The User places an order by completing the following six steps:

Step 1. Create a customer account, entering a username and password, or

Step 2. Add the selected Product(s) to the shopping cart. The basket can be accessed at any time for modification or validation.

Step 3. Validate your basket after checking its contents.

Step 4. Access your account in order to confirm and complete the details required for delivery. If the customer does not already have an account on the Site, create a customer account and fill in the required identity information.

Step 5. On the order summary page, expressly accept the Site's general terms and conditions of sale.

Step 6. Finally, the customer will be redirected to the secure online payment site to confirm payment. The customer's final acceptance is thus materialized by the validation of his/her bank details (credit card number, expiry date and cryptogram). Placing an order implies the customer's full and unreserved acceptance of these terms and conditions of sale.

Order confirmation:

Once your order has been transmitted, you will receive by return an email confirming your order, including the registration of your order, details of the items ordered, personal data including address and delivery method. We do not accept COD orders or payment by money order.

Order tracking:

To track the progress of your order, go to "My account" in the online catalog. After logging in, you can view the status of your orders.

"Unprocessed": your order is still being prepared.

"Processed": your order is ready for collection by our carriers. You will shortly receive an e-mail from the carrier indicating that your order has been collected.

Order archiving :

The customer's shopping basket is archived and stored for future orders for a period of 30 days, even if the Internet connection is interrupted. In accordance with article L.134-2 of the French Consumer Code, order details are archived on a secure server for a period of ten years. However, no credit card numbers are stored. The customer accepts that the order confirmation is considered as proof of the contractual relationship between the parties.

Article 6. Secure payment

Sustainable Beauty has set up a secure payment system for all orders placed on the eclobeauty.com e-boutique.

The customer may pay for his or her order using different methods of payment:

By credit card:
Visa, Master Card, CB. All credit card numbers are 128-bit encrypted by the software when the order is placed. Orders delivered outside mainland France are payable exclusively by credit card. Secure payment.

By PayPal :
Your payments are made directly on the PayPal website via encrypted pages using SSL (Secure Socket Layer) protocol. eclobeauty.com has no access whatsoever to your bank details.

Article 7. Delivery time and shipping costs

We currently deliver to the following countries:

EU: France, Belgium, Germany, Luxembourg, Netherlands, Spain, Portugal, Italy, Austria, Ireland, Poland, Andorra, Monaco.

Outside EU: United States, Canada, United Kingdom, and Switzerland.

Other: Other countries available for delivery are indicated at checkout.

Shipping costs are automatically calculated at checkout based on the delivery location.

The customer will be informed by email of the parcel's dispatch with its tracking number.

Delivery to FRANCE, MONACO, ANDORRA:

Delivery to a pick-up point (only for France) - €3.90
Mondial Relay within 2 to 3 working days
Free delivery from €50

Standard delivery - €4.90
Colissimo within 4 to 6 working days
Free delivery from €50

Delivery to BELGIUM, GERMANY, LUXEMBOURG, NETHERLANDS:

Delivery to a pick-up point (only for Belgium) - €4.90
Free delivery from €75

Standard delivery - €5.90
Free delivery from €75

Delivery to AUSTRIA, IRELAND, ITALY, PORTUGAL, SPAIN, POLAND:

Standard delivery - €6.90
Free delivery from €75

Delivery to the UNITED KINGDOM and SWITZERLAND:

Standard delivery - €8.90
Free delivery from €100

Delivery to the UNITED STATES and CANADA:
Standard delivery - €29.90
Free delivery from €300

Delivery times depend on your country of delivery and vary between 1 and 2 days to France and Belgium, between 3 and 5 days to the rest of Europe, and potentially more outside Europe.

Delivery times do not include order preparation and dispatch time, which may result in a few days' difference from the receipt of your order. Orders are usually prepared the same day or the next day. Furthermore, delivery times are the sole responsibility of the carriers, and under no circumstances can Sustainable Beauty be held responsible for any failure to meet delivery times. For orders outside the European Union, customers are responsible for their own import taxes and duties, if applicable.

Article 8. Retention of title

Sustainable Beauty retains full and complete ownership of the products sold until full payment has been received, in principal, costs and taxes included.

Article 9. Defects on delivery

Upon delivery of the order, the customer must check the conformity and condition of the order and, if necessary, express any reservations concerning apparent defects (missing product, damaged parcel).

The goods are transported under the customer's responsibility. It is the customer's responsibility to refuse any parcel presenting anomalies or a presentation that might suggest partial or total deterioration of the goods, or theft. In the event of a return by La Poste following a refusal to accept a parcel due to deterioration, the order will be reshipped to the customer free of charge and in good condition.

The customer must declare by email or any other written means any error, anomaly or defect concerning the articles received within 48 hours of receipt of the parcel. You must contact us, specifying the subject of your complaint and your Internet order number.

In the event of a parcel being returned by the sender and not being claimed at the post office or relay point within 15 days, you will be reimbursed the amount of the price of your order, minus 10€. The amount reimbursed therefore represents the initial amount of your order from which we have deducted the costs of managing your order, i.e. 10€.

Article 10. Withdrawal

In accordance with article L121-20 of the French Consumer Code, the Buyer has a period of fourteen working days from the date of delivery of their order to exercise their right of retraction and return the product to the Seller for reimbursement without penalty, with the exception of return costs.

To return a product, you must contact customer service and inform them of the desired return, before sending the package at your expense. Our customer service department will tell you what to do.

Returns will only be accepted if the product has never been opened or used, and is in the same perfect condition as you received it. Items must be returned in their original packaging, with supporting documents. Items returned incomplete, spoiled, damaged or soiled by the customer will not be accepted and will be reshipped at your expense.

In the event of a return, if the items are in conformity, all costs will be reimbursed, with the exception of any additional delivery costs chosen by the customer.

Don't forget to enclose :

- a copy of the invoice,

- the defective product or item, properly packaged,

- the return form duly completed and signed by you.

Refunds :

a. If the customer has already received the order:

In the event of withdrawal, Sustainable Beauty will refund all payments received for the order, including delivery costs, offered by Sustainable Beauty and at no extra charge no later than 8 days after the customer's request. However, Sustainable Beauty reserves the right to postpone the refund until it has received the returned products, at the customer's expense. Refunds will be credited to the customer's bank account corresponding to the credit card used to pay for the order, or to the PAYPAL account if the order was paid for via PAYPAL.

b. If the order has not yet been shipped:

In the event of the customer's withdrawal, Sustainable Beauty will refund all payments received for the order without undue delay and in any event no later than 8 days after the customer's request. In the event of a partial return of the products ordered or an error in the delivery address by the customer, the initial delivery charges will not be refunded.

c. Promotional offers:

The customer may benefit from a conditional promotional offer on the Site, or from free delivery, enabling him to obtain a discount. Should the customer return only part of the items that enabled him/her to benefit from this promotional offer, the customer will be reimbursed for a sum equal to the price of the returned product, minus the discount initially applied and to which the customer is no longer entitled.

Similarly, the customer may be offered a gift for the purchase of one or more products. If the customer returns this product or part of these products, the customer must also return the gift.

All product returns must be pre-validated by email by the Eclo team via the email address hello@eclobeauty.com. Any product return without prior validation will not be taken into account.

The return of non-defective products is not available for orders outside the European Union.

Article 11. Warranty

In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in terms of hidden defects. In the event of non-conformity of a product sold, it may be returned to Sustainable Beauty, who will take it back, exchange it or reimburse it within a maximum period of two years from delivery. The company will also reimburse the full cost of return shipping upon presentation of proof of purchase.

All claims, requests for return or refund must be made via our Contact Us form.

The purchaser may decide to invoke the warranty against hidden defects of the item sold, as defined in article 1641 of the French Civil Code. In this case, he/she may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Reimbursements for Products found to be non-conforming or defective will be made as soon as possible, and at the latest within fourteen (14) days of the Vendor's finding of the non-conformity or hidden defect. Reimbursement will be made by crediting the Customer's bank account or Paypal account.

The Vendor may not be held liable in the event of non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check, or in the event of misuse, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.

The Vendor's warranty is, in any event, limited to the replacement or reimbursement of non-conforming Products or Products affected by a defect.

Replacement of Products does not extend the warranty period.

Products modified, repaired, integrated or added by the purchaser are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged in transit or as a result of misuse.

How to apply the warranty :

When acting under the legal warranty of conformity, the Buyer :

Has two years from the date of delivery of the goods to take action;

May choose between repair or replacement of the good, subject to the cost conditions stipulated in article L217-9 of the French Consumer Code;

Is exempted from proving the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

Article 12. Liability

Sustainable Beauty, in the process of distance selling, is bound only by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Sustainable Beauty adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance), whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After a consumer has made a prior written request to Sustainable Beauty, the Mediation Department may be contacted for any unsuccessful consumer dispute. To find out how to contact the Mediator, click here.

Article 13. Intellectual property rights

All elements of the Site are and remain the exclusive intellectual property of Sustainable Beauty. The user is not authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the Site whether in the form of photo, logo, visual or text.

Article 14. Personal data

Sustainable Beauty undertakes to preserve the confidentiality of any information supplied by the Buyer, which he or she may be required to transmit in order to use certain services. Any information concerning the Buyer is subject to the provisions of French law no. 78-17 of January 6, 1978 and European Regulation 2016/679. Internet users therefore have the right to access, modify and delete information concerning them. They may request this at any time via our contact form. Sustainable Beauty processes consumer information in accordance with its Privacy Policy.

Article 15. Applicable law

The present conditions of distance selling are subject to French law.

Appendix

Provisions relating to legal guarantees

Article L. 211-5 of the French Consumer Code: "To conform to the contract, the goods must :

1/ Be fit for the use usually expected of similar goods and, where applicable :

-correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2/ Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility under the contract or was carried out under his responsibility."

Article L. 217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement.However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."

Article L. 217-12 of the French Consumer Code: "Action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods."

Article L. 217-16 of the French Consumer Code: "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service."

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them."

Article 1643 of the French Civil Code: "He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee."

Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded, as arbitrated by experts."

Article 1648, paragraph 1, of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

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