General conditions for the sale of products online to individual consumers

Preamble 

 

These general conditions of sale apply to all sales concluded on the Balsame website.

 

The website https://balsame.fr is a service of : 

- The company Balsame

- located at 5 rue du cimetiere 59152 CHERENG, France

- URL address of the site: https://balsame.fr

- e-mail: contact@balsame.fr

- telephone number: 0633384813

The Balsame website sells the following products: Cosmetics and pet care products.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general conditions of sale.

 

Article 1 - Principles

 

These general terms and conditions express the entirety of the obligations of the parties. The buyer is therefore deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.

They are accessible on the Balsame website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These general terms and conditions of sale are valid until 31 December 2023.

  

Article 2 - Content

 

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Balsame website.

These conditions only apply to purchases made on the Balsame website and delivered exclusively in mainland France or Corsica. For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@balsame.fr.

These purchases concern the following products: Cosmetics and pet care products. 

 

Article 3 - Pre-contractual information

 

Prior to placing an order and entering into a contract, the purchaser acknowledges having been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

 

The following information is provided to the purchaser in a clear and comprehensible manner:

- the essential characteristics of the goods ;

- the price of the goods and/or the method of calculating the price;

- where applicable, any additional transport, delivery or postage costs and any other charges payable;

- in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of price;

- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions. 

 

Article 4 - The order

 

The buyer may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or good ordered.

In order for the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the method of payment.

The sale will be considered final :

- after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;

- and once the seller has received payment in full.

All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or any other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may call the following telephone number: 0033667751049 (cost of a local call), on the following days and at the following times: Monday to Saturday, 9am to 6pm, or send an e-mail to the seller at the following e-mail address: contact@balsame.fr.

 

Article 5 - Electronic signature

 

The on-line provision of the purchaser's bank card number and the final validation of the order shall constitute proof of the purchaser's agreement:

- payment of the sums due under the order form ;

- signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this is discovered, to contact the seller on the following telephone number: 0033667751049.  

 

Article 6 - Order confirmation

 

The seller will provide the buyer with an order confirmation by e-mail.

 

Article 7 - Proof of transaction

 

The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments that have taken place between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

 

Article 8 - Product information

 

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller may not be held liable for any errors or omissions in this presentation.

The photographs of the products are not contractual. 

 

Article 9 - Prices

 

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. 

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

 

 Article 10 - Method of payment

 

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

To pay for the order, the purchaser may choose from all the methods of payment made available by the seller and listed on the seller's website. The purchaser guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. 

The price must be paid in full on the day the order is placed, using the following methods:

- credit card 

- paypal  

 

Article 11 - Product availability - Refunds - Rescission

 

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the delivery time is 2 to 5 working days from the day following that on which the buyer placed the order, according to the following methods: Colissimo, mondial relay. At the latest, the delivery time will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories or to another country, the delivery terms will be specified to the purchaser on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the purchaser must, before terminating the contract, request the vendor to perform the contract within a reasonable additional period.

If the seller fails to meet the agreed delivery date or timeframe by the end of this new period, the buyer may freely terminate the contract.

The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract shall be deemed to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

The purchaser may, however, cancel the contract immediately if he considers the dates or deadlines referred to above to be an essential condition of the contract.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.

If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

 

Article 12 - Delivery terms

 

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and conditions and within the period specified above.

The products are delivered to the address indicated by the purchaser on the order form; the purchaser must ensure that this address is accurate. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. The purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the purchaser to collect the parcel at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or post to the seller at the address given in the site's legal notice.

If the products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

Article 13 - Delivery errors

 

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the purchaser's option :

- by telephone on the following number: 0033667751049;

- by e-mail to the following address: contact@balsame.fr.

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.

On receipt of the claim, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 5 rue du cimetière, 59152 CHERENG.

The return costs are at the seller's expense. 

 

Article 14 - Product warranty

 

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code.

In the event of a claim under the legal guarantee of conformity, please note that :

- the buyer has a period of 2 years from the date of delivery of the goods in which to take action;

- the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the goods during the 24 months following delivery of the goods in the case of new goods (6 months in the case of second-hand goods).

 

14-2 Legal guarantee against hidden defects

In accordance with articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It shall be up to the buyer to prove that the defects existed when the goods were sold and are such as to render the goods unfit for the use for which they were intended. This warranty must be invoked within two years of discovery of the defect. 

The buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

  

Article 15 - Right of withdrawal 

 

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or reimbursement without penalty, with the exception of the return costs, which remain the responsibility of the purchaser.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.

The cost of returning the goods shall be borne by the purchaser.

The exchange (subject to availability) or refund will be made within 48 hours of receipt, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

 

Exceptions 

In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for :

- contracts for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period ;

- the supply of goods made to the consumer's specifications or clearly personalised;

- the supply of goods likely to deteriorate or expire rapidly;

• the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

• the supply of goods which, after delivery and by their nature, are indissociably mixed with other articles ;

• the supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;

• the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

• the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

• the supply of digital content not supplied on a tangible medium, performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

 

 Article 16 - Force majeure

 

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure’ means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party. 

 

Article 17 - Intellectual property

 

The content of the website remains the property of the seller, who alone holds the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

Article 18 - Data protection

 

The personal data supplied by the purchaser is required to process the order and to issue invoices.

It may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Balsame website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right may be exercised under the terms and conditions defined on the Balsame website.

 

Article 19 - Partial non-validation

 

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

 

Article 20 - Non-waiver

 

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

 

Article 21 - Title

 

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

 

Article 22 - Language of the contract

 

These general terms and conditions of sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

 

 Article 23 - Mediation and dispute resolution

 

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The name, contact details and e-mail address of the mediator are available on our website.

 

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

 

Article 24 - Applicable law

 

These general terms and conditions are subject to French law. The competent court is the court of law.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.

 

Article 25 - Protection of personal data

 

Data collected 

The personal data collected on this site is as follows:

- account opening: when the user's account is created, his/her surname, first name, e-mail address, telephone number, postal address, order history, abandoned shopping basket, etc.

- connection: when the user connects to the website, it records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;

- profile: when using the services provided on the website, a profile is created, which may include an address and telephone number;

- payment: when paying for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, data relating to user communications is stored temporarily;

- cookies: cookies are used as part of the use of the site. Users can deactivate cookies using their browser settings.

 

Use of personal data 

The personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes

- access to and use of the website by the user ;

- management of the operation and optimisation of the website;

- organisation of the conditions of use of the Payment Services;

- verification, identification and authentication of data transmitted by the user;

- offering the user the possibility of communicating with other users of the website;-  mise en oeuvre d'une assistance utilisateurs ;

- personalisation of services by displaying advertisements based on the user's browsing history and preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of any disputes with users;

- sending commercial and advertising information according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses the payment services, for the implementation of these services, the website has relations with third party banking and financial companies with which it has contracts;

- when the user publishes information accessible to the public in the free comment areas of the website;

- when the user authorises a third party's website to access his/her data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

-  if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and judicial proceedings;

- if the website is involved in a merger, acquisition, transfer of assets or receivership, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

 

Security and confidentiality

 The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

 

Implementation of user rights 

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: contact@balsame.fr.

- right of access: users may exercise their right of access to their personal data. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy. 

- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.

- the right to the deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws. 

- the right to restrict processing: users may ask the website to restrict the processing of personal data in accordance with the assumptions set out in the RGPD. 

- the right to object to the processing of data: users may object to their data being processed in accordance with the provisions of the RGPD.  

• the right to portability: they may request that the website return the personal data provided to them for transmission to a new website.

 

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail at least 15 days before the effective date. If users do not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

 

 

 

Appendix : 

 

Consumer Code

 

Article L. 217-4: ‘The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.

 

Article L. 217-5: ‘The goods conform to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.’

 

Article L. 217-6: ‘The seller is not bound by the public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them’.

 

Article L. 217-7: ‘Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.For goods sold second-hand, this period is set at six months.The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.’

 

Article L. 217-8: ‘The buyer is entitled to demand that the goods conform to the contract. He may not, however, dispute conformity on the grounds of a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials that he himself supplied.

 

Article L. 217-9: ‘In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods; however, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

 

Article L. 217-10: ‘If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use. However, the sale may not be rescinded if the lack of conformity is minor.

 

Article L. 217-11: The provisions of articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. These same provisions do not preclude the award of damages.

 

Article L. 217-12: ‘Action resulting from a lack of conformity shall be barred after two years from delivery of the goods.

 

Article L. 217-13: ‘The provisions of this section do not deprive the buyer of the right to bring an action arising from redhibitory defects as set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature to which he is entitled by law’.

 

Article L. 217-14: ‘The final seller may take recourse action against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code. 

Article L. 217-15: ‘A commercial guarantee is any contractual commitment by a trader to a consumer to reimburse the purchase price, replace or repair the goods or provide any other service relating to the goods, in addition to his legal obligations to guarantee the conformity of the goods. 

The commercial guarantee is the subject of a written contract, a copy of which is given to the purchaser. 

The contract specifies the content of the guarantee, how it is to be implemented, its price, duration, territorial scope and the name and address of the guarantor. 

It must also state clearly and precisely that, independently of the commercial guarantee, the seller remains liable for the legal guarantee of conformity referred to in articles L. 217-4 to L. 217-12 and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code. 

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract. 

In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of this right.

 

Article L. 217-16: ‘When the buyer asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running.

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 after the request for service.

 

French Civil Code

 

Article 1641: ‘The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them.

 

Article 1648: ‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the apparent ‘defects or lack of conformity’.