GENERAL TERMS AND CONDITIONS OF SALE
Effective from 18 April 2023
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply to sales made on the website www.ulebeauty.com (hereinafter “the Website”).
ARTICLE 1: PURPOSE
ARTICLE 2: PRODUCTS
ARTICLE 3: PRICES
ARTICLE 4: ORDERS
ARTICLE 5: TRANSFER OF RISKS
ARTICLE 6: PAYMENT
ARTICLE 7: DELIVERY AND ANDACCEPTANCE
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNS POLICY
ARTICLE 9: LEGAL GUARANTEES
ARTICLE 10: WEBSITE LIABILITY
ARTICLE 11: B.P.I CONTENT APPEARING ON THE WEBSITE
ARTICLE 12: THIRD PARTY WEBSITES
ARTICLE 13: FORCE MAJEURE
ARTICLE 14: PARTIAL INVALIDATION
ARTICLE 15: NON-WAIVER
ARTICLE 16: HEADINGS
ARTICLE 17: CHANGES TO GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 18: ENTIRE AGREEMENT CLAUSE
ARTICLE 19: LANGUAGE
ARTICLE 20: APPLICABLE LAW - DISPUTES
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS ON THIS WEBSITE
Legal notice: BEAUTE PRESTIGE INTERNATIONAL (B.P.I.) is a French simplified joint stock company with capital of €32,937,216. It is registered with the Paris Trade and Companies Register under number 379 445 984 and therefore the registered office is located at 56A rue du Faubourg Saint-Honoré, 75008 Paris. Telephone: 0186765000.
VAT number: FR90 379 445 984
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) are concluded between:
(a) BEAUTE PRESTIGE INTERNATIONAL SAS, the exclusive distributor of “Ulé” cosmetic and food products (hereinafter the “Products”) is a French simplified joint stock company with capital of €32,937,216. It is registered with the Paris Trade and Companies Register under number 379 445 984 and therefore the registered office is located at 56A rue du Faubourg Saint-Honoré, 75008 Paris. VAT number: FR90 379 445 984 Telephone: 0186765000.
Contact Email: email@example.com
(b) any person wishing to purchase the Products through the e-commerce website www.ulebeauty.com (hereinafter referred to as the “Customer”).
For the purposes of these General Terms and Conditions of Sale, it is agreed that the Customer and B.P.I. shall jointly be referred to as the “Parties” and individually as a “Party”.
It is hereby stated that the Products are intended exclusively for the Customer’s personal use. Any order that obviously does not correspond to a retail sale may be refused by B.P.I.
Furthermore, the Customer is informed in particular that he/she may not order more than five (5) Products with the same reference. If an order exceeds the number stated above, it cannot be confirmed.
When placing an order for a Product on the Website, You must accept these General Terms and Conditions of Sale without reservation.
If you place an order on our Website, please save or print these General Terms and Conditions of Sale.
Any special terms and conditions stated, for example in the documents issued by the Customer (including the order), shall not take precedence over these Terms and Conditions of Sale without B.P.I.’s prior express consent.
ARTICLE 1: PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of the online sale and delivery of the Products by B.P.I. to the Customer, as well as the Parties’ rights and obligations arising from the online sale of the Products offered on the Website.
In particular, they outline all the steps necessary for placing orders.
Customers wishing to place an order for Products on the Website declare that they are at least 16 years old and able to commit themselves under these GTCS.
ARTICLE 2: PRODUCTS
2.1. PRODUCT DESCRIPTION:
B.P.I. presents on the Website the Products that are for sale and their detailed descriptions in the form of product data sheets, so that potential customers can find out about the key characteristics of the products they wish to buy before placing an order.
B.P.I. shall also make every effort to ensure that the visual representations of the Products displayed on the Website are true to the original Products. However, B.P.I. does not control the technical limitations of the Customer’s computer equipment in terms of colour rendering and cannot be held responsible for any inaccurate photographs appearing on the Website.
For any questions or requests for advice relating to the Products and their use, the Customer may contact Customer Service by email at firstname.lastname@example.org
2.2 PRODUCT AVAILABILITY
2.2.1. The Products offered for sale by B.P.I. are those that appear on the Website on the day the Customer visits the Website and subject to availability.
B.P.I. shall make every effort to mention any temporary or permanent unavailability of Products on the Website information page describing each Product or when the order is being placed.
2.2.2. If, despite our vigilance, an ordered product is not available when the order is shipped, B.P.I. shall notify the Customer as soon as possible by e-mail or telephone. The Customer may choose to:
- either receive only the available Products
- or cancel the entire order.
If the Customer’s bank account / credit card has already been debited, B.P.I. shall promptly refund the Customer for the amount of the unavailable products or the total amount of the order if the Customer wishes to cancel the entire order. The refund shall be made to the bank account/credit card used to pay for the order no later than 30 days after the notification.
If there is no response from the Customer, the entire order shall be cancelled and refunded within 30 days of the notification.
If the order has already been shipped when the notification is given, and the Customer would nevertheless like to cancel the entire order, the refund shall be made under the terms and conditions stipulated in Article 8.3, after B.P.I. has received the returned goods.
All Product prices are firm and stated in euros. The applicable prices are those displayed on the Website at the time the Customer places his/her order.
These prices include all taxes, including the current rate of VAT, but do not include delivery costs which shall be charged extra and specifically stated on the order summary before final confirmation by the Customer, as well as in the confirmation email sent electronically to the Customer.Delivery costs are available on the Website.
The total price stated in the order summary and in the order confirmation email shall represent the total amount charged, with all taxes and all delivery and customs charges included.
Furthermore, if the Customer uses a credit card associated with an account that uses a currency other than the Euro, the Customer’s bank may charge foreign exchange fees and bank charges, payable by the Customer only.
If there is an error in the price displayed for a Product during the order, when the displayed price is derisory compared to the actual price of the Product, we shall contact you to propose either confirming your order at the correct price or cancelling your order.
ARTICLE 4: ORDERS
4.1. PLACING AN ORDER
To place an order on the Website, the Customer must be 16 years old and have the capacity to commit him/herself hereunder and have a means of payment as defined in Article 4.1 below.
To place an order:
1) Select the products and add them to the BASKET following the on-screen instructions
2) Once you have finished selecting your products, you will be able to place your order by confirming your BASKET on the top right of the screen.
From this page, You may change the quantity of a Product, or delete it. The basket amount will be automatically recalculated.
Finally, the Customer may choose his/her samples and gifts when they are offered by the Website.
You can confirm your BASKET, change its contents and delete or add Products at any time by following the on-screen instructions. When deleting or adding a product directly in the BASKET, the total basket amount will be automatically recalculated.
3) In the following steps, You will be asked to fill in the order information:
- billing and delivery addresses
- delivery options
- payment information.
You agree to provide an address to which delivery can be made during working hours, from Monday to Friday in France or Spain, as well as your full name, email address and mobile phone number in order to keep you informed of the delivery.
The data recorded by B.P.I. serve as evidence for all transactions carried out between B.P.I. and the Customer.
4) In the next step, an order summary will state all the information relating to your order.
In this step, you will need to check the order status. You can change the content and/or your contact details either by using the “Back” button in the browser, or by clicking on the logo in the Website header, and then repeat the steps described above.
5) Once the order has been checked, You will be asked to confirm the payment of your order. Please note that once the order and payment have been confirmed, You will no longer be able to cancel your order. The sale will be final (subject to the Customer exercising his/her right of withdrawal under the conditions provided for in Article 6 of these General Terms and Conditions of Sale).
Before final confirmation of your order, You will be required to read and accept the General Terms and Conditions of Sale by ticking the box opposite the corresponding message.
To complete your order, you will need to validate the 3D Secure step requested by your bank. Depending on the bank, you will be required to enter a unique confidential code or visit your bank’s application to validate the transaction. Once this stage has been validated, you will be redirected to the Ulé Website so that your payment and your order can be confirmed. If you are not automatically redirected to the Ulé Website, a button will allow you to do so manually.
Once the order has been confirmed, an order confirmation page will be displayed.
4.2. ORDER CONFIRMATION
Once the order has been confirmed by the Customer and the payment has been confirmed in accordance herewith, an order confirmation email will be sent to the Customer detailing the order content (hereinafter the “Order Confirmation”).
The order amount will be debited upon confirmation of the online payment
The invoice will be sent in the order confirmation email.
If the Customer needs information about his/her orders, he/she can go to his/her customer account to track the status of the order or contact Customer Service if there is a problem by sending an email to email@example.com Page Break
4.3 PROOF OF ORDER
It is recommended that you print and keep the Order Confirmation in order to keep a record of the order.
In general, it is expressly agreed between B.P.I. and the Customer that e-mails shall be binding between the Parties, as well as the automatic archiving systems used by the Website, in particular with regard to the nature and date of the order. The Customer may access, where applicable in accordance with the rules of ordinary law, the electronic contract drawn up between the Customer and B.P.I. To do so, the Customer must contact Customer Service by sending an email to firstname.lastname@example.org and provide it with all the information necessary for the procedure, in particular his/her contact details and the order number.
In general, B.P.I. recommends that the Customer should keep a copy of all emails relating to the order. The Customer is informed that e-mails are sent to the email address provided by the customer. Therefore, if an error is made when entering the email address in question and causes the Order Confirmation message not to be received, B.P.I. cannot be held liable.
ARTICLE 5: TRANSFER OF RISKS
The risks (including loss, theft or damage) in respect of the delivered Products shall be borne by the Customer the moment the Customer or a third party designated by the Customer takes physical possession of the Products.
ARTICLE 6: PAYMENT
6.1. METHOD AND MEANS OF PAYMENT
Payment must be made immediately on the Website when placing the order, in euros and only by credit card (Visa, MasterCard). Any other method of payment will be refused unless otherwise stated on the Website.
Cards issued by banks domiciled outside France must be international bank cards. In this regard, the Customer agrees to make the payment using a bank card that belongs to him/her personally and bears his/her identity (first name and last name).
If the Customer uses a bank card associated with an account that uses a currency other than the Euro, the Customer’s bank may charge foreign exchange fees and bank charges, payable by the Customer only. If goods are returned, these costs shall not be refunded.
The Customer assures B.P.I. that he/she has any authorisations necessary to use the payment method chosen when the order is confirmed.
If the price is not paid in full, B.P.I. reserves the right to cancel the corresponding order and the Customer shall be notified by email.
6.2 SECURE TRANSACTION
6.2.1 The transaction is carried out by the Customer in accordance with the banking security standards and the terms and conditions of the institution issuing the means of payment. To ensure the bank card payment on the Website is secure, the Customer must transmit the visual cryptogram (CVV) on the back of the bank card used by the Customer and a 3DS security code will be requested from the Customer.
The Customer’s bank card will be debited upon payment of the order once it has been validated by B.P.I.
6.2.2 B.P.I. uses the MOLLIE secure payment platform.
As part of the fight against fraud on the Internet, the information relating to the Customer’s order may be transmitted to any third party authorised by law for the sole purpose of verifying the Customer’s identity, the validity of the order, the method of payment used and the planned delivery.
Unless a response to a request for additional information made by B.P.I. is received within fifteen (15) days of such request, all suspicious credit card orders shall be cancelled immediately, and a refund shall be made to the bank account debited when the order was placed, as soon as possible.
ARTICLE 7: DELIVERY ANDACCEPTANCE
7.1. SHIPPING AND DELIVERY COSTS
The ordered Products may only be delivered in Mainland France (incl. Corsica), in Mainland Spain (excluding the Canary Islands, the Balearic Islands and the autonomous cities of Ceuta and Melilla).
Once the order is prepared, it will be sent to the postal address provided by the Customer when the order was placed.
An e-mail will be sent to the Customer when the order is shipped.
It is recommended that the Customer print this email in order to keep a record of his/her order.
The Customer will then be able to track the progress of his/her delivery on the Website by clicking on the “My Account” link (located at the top of the screen) and entering the email address and password provided when the order was placed. The Product(s) ordered by the Customer will be delivered to the delivery address indicated in the Order Confirmation Email.
Delivery costs and delivery time from shipment:
- Country of delivery from wwww.ulebeauty.com: Mainland France (including Corsica), Mainland Spain (excluding the Canary Islands, the Balearic Islands and the autonomous cities of Ceuta and Melilla).
- Carrier: DPD
- Delivery time (after the order has been prepared*) : 2-5 days
- Delivery costs: €5.95 for any order under €100. Free for any order of €100 and over.
*Depending on the delivery method selected during payment, and if the order is made after the cut-off time, it will be processed the next working day (Monday to Friday excluding public holidays). “Working Day” means Monday to Friday, excluding public holidays.
Delivery is provided by a third party service provider.
The Customer is informed that B.P.I. cannot be held liable if the non-performance or improper performance of this obligation is attributable to the Customer or the unforeseeable or insurmountable act of a third party to the contract or to a force majeure event.
In any event, and in accordance with the provisions of Article L. 216-1 of the French Consumer Code, the order will be executed within a maximum of thirty (30) days from the day following the day on which the Customer sent his/her order, subject to full payment of the price.
If delivery has not been made by the end of this period, the Customer shall be entitled to cancel his/her order in accordance with the terms and conditions set out in Article 7.2 below. The amount paid by the Customer will then be refunded.
7.2 LATE DELIVERY:
The Customer must notify B.P.I. of any delay in delivery as soon as possible by sending an email to email@example.com so that B.P.I. can take the necessary steps with the postal services or the shipper.
If B.P.I. does not deliver the Products within a reasonable time after the email is sent by the Customer and within thirty (30) days after the order, the Customer may cancel his/her order by sending an email to firstname.lastname@example.org
Once the right of cancellation has been exercised, B.P.I. will refund the order to the bank account used to place the order as soon as possible and no later than 14 (fourteen) days from receipt of the Customer’s cancellation request.
Each delivery shall be deemed to have been made as soon as the Customer or any third party designated by it takes physical possession of the Products against electronic signature of the delivery note.
It is the Customer’s responsibility to check that the order is in good condition and compliant upon receiving the Product(s).
The Customer will have the option not to accept the parcel if he/she has reservations about its condition and/or compliance. In this case, the parcel will be taken back by the carrier and returned to the warehouse. Upon receipt of the parcel, Ulé Customer Service will contact the Customer to find out if he/she wishes to place a new order or receive a refund.
Any complaint that does not comply with the required form cannot be accepted.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNS POLICY
8.1 LEGAL RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L221-18 of the French Consumer Code, you have a legal right of withdrawal. You can exercise your right of withdrawal under the following terms and conditions and subject to the exclusions provided below:
- You must notify us of your decision to withdraw within a maximum of (14) working days from the date you receive your order, except for personalised, unsealed or opened or damaged products in accordance with the legal provisions in force
- The products must be returned within a maximum of (14) working days from the withdrawal notification.
You can provide notification that you are exercising your right of withdrawal:
- By following the online procedure described in Article 8.3 below
- Or by an unambiguous written statement either on plain paper informing us of your decision to withdraw, or by using the form below, to be sent by email to email@example.com
In accordance with the legal provisions in force, the Customer cannot return the Product(s) and claim a refund if the Product(s) have been personalised on request, or if the Product(s) have been unsealed or opened by the Customer and cannot be returned for reasons of hygiene (as is particularly the case for cosmetic products).
Subject to compliance with the returns procedure described herein, B.P.I. undertakes to refund all returned products, as well as the delivery costs if the entire order is returned.
DGCCRF Withdrawal Form
If the Consumer wishes to withdraw from the contract, he/she must fill in the form below and return it together with the order number by email to firstname.lastname@example.org
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/for the service provision (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification via a paper-based printout of this form):
(*) Delete as appropriate.
8.2 RETURN COSTS
B.P.I. shall pay the costs of returning the Products if the Customer chooses to use the return method stipulated in Article 8.3 below.
Any other return method shall be at the Customer’s sole expense, apart from returns made in connection with the implementation of the legal guarantees. In all cases the order number must be included in the parcel for your return to be properly processed.
8.3 RETURN AND REFUND PROCEDURES
If a withdrawal request is received by email to email@example.com within the time limits stipulated in 8.1 above, and subject to the applicable exclusions, the following returns procedure shall be used:
1. Send your return request by email to firstname.lastname@example.org detailing the products you wish to return
2. Customer Service will send you a prepaid return label by email
3. Print the prepaid return label.
4. Make sure the products are put back in their original packaging if possible, or in any other suitable packaging, and that your package is correctly sealed.
5. Stick the prepaid return label on the parcel, and check that no old shipping labels are still visible.
6. Drop the parcel off at a DPD drop-off point.
Returns made by any other method shall be at the Customer’s sole expense. In all cases the order number must be included in the parcel for your return to be properly processed.
Please make sure that you get proof of shipment when you return the products to us. We advise you to keep your proof of shipment in the unlikely event that we do not receive the returned parcel. We cannot accept any liability for products lost in transit.
As soon as we have received the returned Products, we will check that they are in perfect condition. If it appears that the Products have been unsealed/used and/or personalised at the Customer’s request, we will inform you that you will not receive a refund.
8.4 Refund processing
The refund will be made to the account debited when the order was placed, within a maximum of fourteen (14) working days, from the receipt of the Products by B.P.I., provided that you have returned the Products to us in their original condition to the address shown on the prepaid return label or to the address provided by Customer Service within 30 days of receipt of the order and you have duly exercised your right of withdrawal. However, B.P.I. may postpone the refund until B.P.I. has actually received the Products or until the Customer has provided proof that these goods have been shipped, whichever is the earlier of the two dates and subject to compliance with the terms and conditions stated above.
You will receive an email notification of your refund from our Customer Service team.
This policy only applies to purchases made online on the Website. We are not able to process returns on purchases made in a partner store.
ARTICLE 9: LEGAL GUARANTEES
9.1 LEGAL GUARANTEE OF CONFORMITY
The French Consumer Code states the following regarding the legal guarantee of conformity:
Article L217-4 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and is liable for any non-conformities existing upon delivery.
It is also liable for non-conformities resulting from packaging, assembly instructions or installation when responsible for this under the contract or when this has been carried out under its responsibility”.
Article L211-5: “In order to comply with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where applicable:
- Match the description provided by the seller and have the properties the seller presented to the buyer in the form of a sample or model
- Have the properties a buyer can legitimately expect based on the public representations made by the seller, the producer or by its representative, particularly in advertisements and labels
2. Or have the features defined by agreement by the parties or be fit for any special use sought by the buyer, which has been notified to and accepted by the seller.” »
Article L217-12: “Action resulting from non-compliance is time-barred within two years of delivery of the goods.”
When acting within a legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to take action
- may choose between the repair or replacement of the goods, unless one of the methods results in a clearly disproportionate cost with regard to the other method taking into account the value of the goods or the significance of the defect, in which case the professional is required to choose the least costly method
- is exempt from providing proof of the existence of the non-compliance of the goods within six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies irrespective of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code. In this case, he/she may choose between the cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the French Civil Code.
9.2 GUARANTEE AGAINST HIDDEN DEFECTS
The French Civil Code states the following regarding the guarantee against hidden defects:
Article 1641: “The seller is bound by the guarantee due to hidden defects in the item sold which render it unfit for the use to which it is intended, or which decrease this use to the extent that the buyer would not have acquired it, or would have paid a lower price, if he/she had known of these.”
Article 1648: “The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller may be discharged from liability for apparent defects or non-conformities.” »
9.3 IMPLEMENTATION OF LEGAL GUARANTEES
Under the legal guarantee of conformity, B.P.I. undertakes, at the Customer’s discretion:
- Either to replace the Product with an identical Product subject to stock availability
- Or refund the price of the Product within a maximum period of thirty (30) days if it cannot be replaced.
Under the legal guarantee against hidden defects, B.P.I. undertakes, at the Customer’s discretion and after the defect has been assessed:
- Either to refund the full price of the returned Product within a maximum period of thirty (30) days
- Or refund part of the price of the Product within a maximum period of thirty (30) days if the Customer decides to keep the Product.
9.4 DISCLAIMER OF GUARANTEES
Products modified or repaired by the Customer and Products damaged due to misuse will not be covered by the guarantees.
ARTICLE 10: WEBSITE LIABILITY
THIS WEBSITE IS MADE AVAILABLE “AS IS”. B.P.I. does not guarantee the continuity or performance of the services accessible on the Website, nor that these services are free from bugs or other defects, as a programming error or a technical incident is always possible.
B.P.I. shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular service outage, an external intrusion or the presence of computer viruses, and the inability to access the Website due to maintenance operations, technical breakdowns, a force majeure event or any circumstance beyond its control.
B.P.I. cannot be held responsible for non-substantial errors that may occur concerning the elements presented on the Website, in particular the product information and descriptions.
Furthermore, B.P.I. cannot be held liable if Customer Service cannot be contacted due to facts beyond its control, in particular in the event of computer failure, telephone network or Internet network interruptions, failure of the hardware receiving said Internet network, etc.
You are also responsible for the creation, safekeeping and use of your login details, verification email and password which are strictly personal and cannot therefore be shared with third parties. You must keep them safe, confidential and secret. Any use of the Website by means of your login and password is deemed to have been made by you. If You feel that your login and password have been misappropriated by a third party, you must immediately inform B.P.I. by writing to: email@example.com
Without limiting the scope of the other provisions of these General Terms and Conditions of Sale, in particular Article 9 relating to Legal Guarantees, B.P.I. may only be held liable in the event of a proven fault attributable to it and its liability shall in any event be limited to direct damages only.
ARTICLE 11: B.P.I. CONTENT APPEARING ON THE WEBSITE
The content appearing on this Website made available by B.P.I., including, in particular, artistic, graphic and photographic creations, images, screen shots, texts, music, video clips, brands, logos, product and character names, slogans and any combination of these elements (the “Content”) belongs to B.P.I. and is protected in the European Union, the United States and internationally by trademark law, copyright and other intellectual property laws.
You are therefore under no circumstances authorised to copy, reproduce, represent or market all or part of the Website and/or Content in any way, or to create derivative works from all or part of the Website and Content.
Any use made of the Content without any right constitutes infringement and is subject to civil or criminal proceedings.
You agree not to upload, post or use any Content appearing on the Website for the purpose of using it in any publication or public performance, on websites other than this Website for any other commercial purpose, in connection with products or services that are not those of B.P.I., in any other manner that may cause confusion in the minds of consumers, which infringes or discredits B.P.I., which dilutes the strength of B.P.I.’s rights or otherwise infringes B.P.I.’s intellectual property rights. Furthermore, you shall not misuse any Content appearing on this Website by any other means.
ARTICLE 12: THIRD PARTY WEBSITES
This Website may contain links to third party websites that are not operated by B.P.I. or related to B.P.I. Hyperlinks are provided for your information and are not sponsored by B.P.I. or affiliated with the Website or B.P.I. Subject to compliance with its obligations, such as those resulting in particular from French Law No. 2004-575 on confidence in the digital economy, B.P.I. declines any liability regarding the use of third party websites to which access is given via the Website. As soon as you are redirected to a third party’s website, these General Terms and Conditions of Use cease to apply; only the terms and conditions of use of the website you access then apply.
If you provide a third party website with your personal data, such data shall be processed under the responsibility of this third party website and in accordance with the Data Protection Policy that appears on this website. B.P.I. does not control the conditions under which your data are collected, used or handled by such third party websites.
ARTICLE 13 - FORCE MAJEURE:
No Party may be held liable in the event of non-performance or improper performance of its obligations, and if such non-performance is due to the occurrence of an element constituting force majeure as defined by case law. The Party affected by these events shall inform the other Party as soon as possible and within a maximum period of five (5) business days from the occurrence of the event in question. The Parties agree that they shall consult each other as soon as possible in order to determine the terms of execution of the order while the case of force majeure lasts.
If the case of force majeure lasts more than one (1) month, either Party may immediately terminate the contract by registered letter with acknowledgement of receipt sent to the other Party, with B.P.I. being responsible, where applicable, for refunding the Customer the sums he/she has paid for the order in question.
ARTICLE 14 - PARTIAL INVALIDATION:
If one or more of the provisions herein are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.
ARTICLE 15 - NON-WAIVER
The fact that one of the Parties has not required the application of a clause herein, whether temporarily or permanently, does not in any way constitute a waiver of the rights granted to that Party by said clause.
ARTICLE 16 - HEADINGS:
If there are any interpretation issues between any of the articles and chapters and any of the clauses, the headings shall be deemed non-existent.
ARTICLE 17 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE:
B.P.I. reserves the right to change these General Terms and Conditions of Sale at any time. Any new version of these terms and conditions will be announced in advance on the Website. The online version on the Website shall take precedence over all other versions of these General Terms and Conditions of Sale without any dispute. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the Customer when the order is placed.
ARTICLE 18 - ENTIRE AGREEMENT CLAUSE:
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and represent the entire contractual relationship established between the Parties.
ARTICLE 19 - LANGUAGE
These Website General Terms and Conditions of Sale have been drawn up in English, French and Spanish.
All Website content is available in English, French and Spanish.
ARTICLE 20 - APPLICABLE LAW - DISPUTES
The law applicable to these General Terms and Conditions of Sale and the related orders is French law, subject to any mandatory rules of law of the consumer’s place of residence.
Any dispute which may arise on the basis of their validity, interpretation or performance and which has not been settled amicably by the Parties, shall be submitted to the courts of the jurisdiction of Paris.
When applicable, in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, SHISEIDO is affiliated to the FEVAD (Federation of e-commerce and distance selling) e-commerce Ombudsman Service, whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written action by consumers vis-à-vis SHISEIDO, any consumer dispute that has not been settled may be referred to the Ombudsman Service. To find out how to refer the matter to the Ombudsman, click here.
You can also submit a mediation request on the European Consumer Dispute Resolution platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.