The information contained in the catalogs and various electronic media (electronic documentation, interactive catalog, Site, newsletter, management notices, notices and advertising documents) is as accurate as possible but is given for information purposes only and may be changed at any time without notice.
The photographs illustrating the Products on the Site are not contractual. Therefore, MADEMOISELLE SAINT CLOUD online cannot be held liable for any errors or alterations resulting from the processing of these photographs.
The Products are offered on the Site within the limits of available stocks.
In case of unavailability of a Product ordered by the Purchaser, MADEMOISELLE SAINT CLOUD online will inform the Purchaser as soon as possible and will indicate, if possible, the date when the Product will be available again. The Purchaser will then have the opportunity to obtain a refund for the unavailable Product, to proceed to modify his/her Order or, when this delay is communicated to him/her, to wait until the Product is available again.
It is specified that in case of cancellation of the Order for the Product concerned, the Purchaser will be refunded the value of this Product by MADEMOISELLE SAINT CLOUD online.
Prices are expressed in euros and are understood to be inclusive of all taxes, unless otherwise stipulated.
If the Buyer does not provide an intra-community value added tax (hereinafter referred to as "VAT") number, the VAT is invoiced by MADEMOISELLE SAINT CLOUD ONLINE according to the tax provisions in force on the day of invoicing. It is specified that the applicable VAT is 20% regardless of the country of the Buyer.
For orders placed in Switzerland, the price is expressed and calculated excluding taxes (HT).
Prices are subject to change at any time by MADEMOISELLE SAINT CLOUD ONLINE.
The price guaranteed to the Buyer is the price displayed on the Site at the time of placing the Order.
The prices do not include shipping costs, which will be charged in addition and indicated in the Order confirmation and invoice sent to the Purchaser.
They also do not include any other additional costs (gift wrapping, etc.).
For Orders whose value is greater than or equal to 60 (sixty) euros including tax, shipments in Metropolitan France (including Corsica) are carriage paid.
For Orders whose value is greater than or equal to 80 (eighty) euros including all taxes, shipments to Luxembourg, Switzerland, Belgium, Great Britain are free of charge.
The Purchaser undertakes to pay the Price stipulated for the Product ordered on the Site and any related costs (transport) as well as to pay or have paid, where applicable, directly to the forwarding agent or carrier, the customs duties, VAT or other taxes due on the importation of the Product in the country of the place of delivery and in particular Switzerland and the overseas territories and departments.
Once the Order has been validated, MADEMOISELLE SAINT CLOUD ONLINE provides the Buyer with an invoice relating to his/her Order, freely accessible on his/her Account.
It is specified that when the delivery is made outside metropolitan France, a paper copy of this invoice will be provided to the Buyer upon delivery of his Order.
As the Order is an order with a payment obligation, the placing of the Order implies cash payment by the Purchaser.
Payments will be made exclusively online by credit card, through a secure system that uses the SSL (Secure Soket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transmission over the network.
The payment of the Order can in no case be the subject of any compensation with a possible sum due by MADEMOISELLE SAINT CLOUD ONLINE to the Buyer.
The credit card will be debited following the validation of the Order. It is specified that in case of split delivery of the Order, the amount of the Order will be fully debited during its validation.
8.1 Delivery times
Delivery times will be indicated to the Buyer at the time of his Order.
They are counted in working days from the date of validation of the Order, once the address of the Order has been correctly filled in.
- Metropolitan France (including Corsica)
Delivery by GLS France, delivered against signature: 2 to 3 working days.
Delivery by Post Office, delivered against signature: 2 to 3 working days.
Delivery by Colissimo, delivered against signature at home: 5 to 7 working days.
- European Union and Switzerland
Delivery by Colissimo International (European Union and Switzerland), delivered against signature: 5 to 6 working days.
- International (outside the European Union and Switzerland)
Delivery by Colissimo International (outside the European Union and Switzerland), delivered against signature at home: 5 to 6 working days.
It is specified that for delivery in these countries, customs fees may be charged to the Buyer. The amount of these customs fees is fixed by the customs authorities and that MADEMOISELLE SAINT CLOUD ONLINE can in no case be held responsible for the payment of this tax when sending the Order to the Buyer, the payment of this tax having to be paid by the Buyer so that he can receive his Order.
No refund, or any other compensation, can be requested from MADEMOISELLE SAINT CLOUD ONLINE by the Purchaser due to the lack of delivery resulting from non-payment of this tax by the Purchaser.
8.2 Terms of delivery
Delivery means the transfer of physical possession or control of the Product to the Buyer.
The Products ordered will be delivered to the address indicated by the Purchaser at the time of the Order. The Purchaser shall ensure its accuracy.
Any package returned to MADEMOISELLE SAINT CLOUD ONLINE because of an incorrect or incomplete delivery address, or when the Buyer has not withdrawn his Order in the withdrawal point he had indicated within the time limit given to him, will be reshipped at the expense of the Buyer. It is specified that the shipping costs will be communicated by MADEMOISELLE SAINT CLOUD ONLINE to the Buyer and may differ from the initial shipping costs for which the Buyer could have benefited from a discount.
Delivery charges are the responsibility of the Buyer and are communicated to him/her when choosing the delivery method of his/her Order.
The carrier's delivery slip, signed by the Purchaser, shall constitute proof of delivery of the Product.
Except in cases of force majeure or during periods of closure clearly announced by MADEMOISELLE SAINT CLOUD ONLINE, the Products are shipped within seven (7) days following the date of registration of the Order, indicated on the Order summary e-mail sent to the Purchaser.
The risk of loss or damage is transferred to the Purchaser as soon as the goods are handed over to the carrier.
In case of exceeding the period indicated, or, failing that, beyond 30 days after the conclusion of the Order, the Buyer may terminate the sales contract with MADEMOISELLE SAINT CLOUD ONLINE under the conditions provided for in Article L.138-2 of the Consumer Code if, after written request from the Buyer sent by e-mail to MADEMOISELLE SAINT CLOUD ONLINE at email@example.com, the latter has not delivered the Product within a reasonable additional period.
The Buyer could immediately terminate the contract if MADEMOISELLE SAINT CLOUD ONLINE refused to deliver the goods or if it did not fulfill its obligation to deliver the goods within a reasonable additional period and that the date or time indicated is an essential condition of the contract having been brought to the attention of MADEMOISELLE SAINT CLOUD ONLINE at the time of the Order.
In case of termination of the contract, MADEMOISELLE SAINT CLOUD ONLINE will refund the undelivered Products and related costs to the Buyer within 14 (fourteen) days following the date of termination of the said contract.
It is the responsibility of the Buyer to verify upon delivery the Products ordered and in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product. If it finds any anomalies, it must issue, upon delivery to the deliverer, handwritten, precise and dated reservations describing the defects found. These reservations must also be sent to MADEMOISELLE SAINT CLOUD ONLINE within seventy-two (72) hours by e-mail (firstname.lastname@example.org) mentioning the order number accompanied by photographs illustrating the defects found.
In the absence of reserve expressed in these conditions, the delivery will be deemed compliant.
The Buyer must keep the packaging and the delivery slip of the Product delivered. In the event of an error on the Product, the Purchaser may return the Product concerned according to the terms and conditions described in Article 13.
9. RESERVATION OF OWNERSHIP
The transfer of ownership of the Product only takes place upon receipt of full payment of the Price.
In case of default or late payment of the Price, MADEMOISELLE SAINT CLOUD ONLINE reserves the right to claim the return of the delivered Product.
The Buyer undertakes to return the delivered Product whose payment is lacking, at his/her own expense, at the first request of MADEMOISELLE SAINT CLOUD ONLINE.
10.1 Commercial Warranty
The Products are declared to comply with the various European standards in force by the Responsible Person, in accordance with the European Regulation n°1223/2009 on Cosmetic Products.
The guarantees on the goods sold by MADEMOISELLE SAINT CLOUD ONLINE are those given by the Responsible Person, whose name and address appear on the said goods. They are transmitted to the Buyer with the Product upon delivery.
10.2 Warranty for hidden defects
Regardless of the commercial warranty, MADEMOISELLE SAINT CLOUD ONLINE guarantees the Buyer against any latent defect, resulting from a design defect of the Product, excluding any negligence or fault of the Buyer under Articles 1641 et seq. of the Civil Code (reproduced below).
The Buyer must bring an action in warranty for latent defects within two (2) years from the discovery of the defect.
The Buyer may choose between cancellation of the sale or a reduction of the sale price.
Article 1641 of the Civil Code :
"The Seller is bound by the warranty because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, yes which so diminishes this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. ».
Article 1644 of the Civil Code:
"(...) 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 it will be arbitrated by experts".
Article 1648 paragraph 1 of the Civil Code :
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. ».
10.3 Legal guarantee of conformity
MADEMOISELLE SAINT CLOUD ONLINE also guarantees, with respect to the Buyer, the conformity of the Products allowing him to make a claim under the legal guarantee of conformity under Articles L.217-4 and following of the Consumer Code (reproduced below).
The Purchaser has a period of two (2) years from delivery of the Product to make its claim under the legal guarantee of conformity. He must send this request in writing, by registered mail with acknowledgement of receipt to MADEMOISELLE SAINT CLOUD ONLINE.
The Buyer may choose between repair or replacement of the goods, subject to the cost conditions provided by Article L.217-9 of the Consumer Code.
In addition, in accordance with Article L.212-7 of the French Consumer Code, the Purchaser is exempt from providing proof that the non-conformity was present at the time of delivery if the defect occurs within twenty-four (24) months following delivery of the goods.
Article L.217-4 of the Consumer Code :
"The seller delivers a good that complies with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to him by the contract or was carried out under his responsibility. »
Article L.217-5 of the Consumer Code :
"The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. ».
Article L.217-12 of the Consumer Code :
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. »
Article L.217-16 of the Consumer Code :
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention. »
11. PRODUCT SAFETY DEFECT
In the event of damage caused by a safety defect in the Product, the Purchaser must seek the responsibility of the Person responsible, whose name and address are mentioned on the packaging of the Product.
12. SUSPENSION - RESOLUTION.
In case of non-compliance by the Buyer of any of its obligations, in particular in case of total or partial default of payment when due, MADEMOISELLE SAINT CLOUD ONLINE reserves the right, without prior formal notice, to suspend the delivery of the Product under the Order executed or being executed and/or to suspend the execution of its obligations, without indemnity, and this without prejudice to the exercise of its rights of recourse.
Moreover, if forty-eight hours after a formal notice by registered mail with acknowledgement of receipt, it remains unsuccessful, all agreements concluded with the Buyer may be terminated automatically without payment of compensation to the Buyer by MADEMOISELLE SAINT CLOUD ONLINE, who may request, in particular in summary proceedings, the return of the goods.
In all the cases mentioned above, and as soon as MADEMOISELLE SAINT CLOUD ONLINE does not opt for the resolution of the agreements, all the outstanding debts of MADEMOISELLE SAINT CLOUD ONLINE will become immediately due and the Buyer will be required to immediately return the goods remaining unpaid. The fact that MADEMOISELLE SAINT CLOUD ONLINE does not take advantage of a breach of contract by the Buyer does not mean that it renounces the right to take advantage of it in the future.
13. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Purchaser may return the Product delivered within 14 (fourteen) days from the delivery thereof and request a refund from MADEMOISELLE SAINT CLOUD ONLINE, it being specified that the costs of return are borne by the Purchaser.
The additional costs of sending the returned Product, when the Purchaser has chosen a more expensive delivery method than that offered by MADEMOISELLE SAINT CLOUD ONLINE or the least expensive delivery method offered by MADEMOISELLE SAINT CLOUD ONLINE, will remain the responsibility of the Purchaser.
The refund will be made within fourteen (14) days of receipt of the returned Product, according to the initial method of payment of the Order.
In order to exercise his right of withdrawal, the Purchaser must send to MADEMOISELLE SAINT CLOUD ONLINE at email@example.com, the withdrawal form which can be found on the Site of MADEMOISELLE SAINT CLOUD ONLINE by clicking here. MADEMOISELLE SAINT CLOUD ONLINE will send him the practical modalities for returning the Product.
Any returned Product must be in its original condition: new, unwired, unsoiled, with the instructions for use and the original packaging, in a resaleable condition, all unequivocally.
It is reminded in this respect that the responsibility of the Buyer, in the event of retraction after use of the Product, may be engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product. It is specified that according to the European Commission, these manipulations are those that a consumer could have carried out in a store, for the goods offered for sale there.
All the Products offered by MADEMOISELLE SAINT CLOUD ONLINE must be used in accordance with their instructions for use and taking all necessary precautions.
The Buyer assumes responsibility for the choice of the Product he decides to order. Consequently, MADEMOISELLE SAINT CLOUD ONLINE shall in no way be held responsible for the unsuitability of the Product with the use made of it.
MADEMOISELLE SAINT CLOUD ONLINE shall in no way be held liable for any damages incurred to any third party resulting from the use of the Products in a manner not conforming to their respective instructions.
Apart from the cases mentioned above, the responsibility of MADEMOISELLE SAINT CLOUD ONLINE can not be held liable if MADEMOISELLE SAINT CLOUD ONLINE demonstrates that the non-performance or improper execution of these Terms and Conditions of Sale or the Order is attributable either to the Buyer or to the unforeseeable and insurmountable fact of a third party to the contract.
15. MAJOR STRENGTH
Any circumstances beyond the control of the parties, which prevent the performance of their obligations under normal conditions, are considered as grounds for exoneration of the parties' obligations and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Are considered as cases of force majeure those usually retained by jurisprudence, namely: events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably protect themselves and whose consequences they would not have been able to mitigate by incurring expenses out of proportion to the expectations of financial benefits.
In this respect, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the Purchasers are expressly considered as cases of force majeure or fortuitous events.
The Parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these GCS may be terminated by the injured party.
16. INTELLECTUAL PROPERTY
The content of the Site and all the elements that make it up, including text, photographs, images, icons, sounds, videos, software, database or data is the property of MADEMOISELLE SAINT CLOUD ONLINE and is protected by international and French rules of intellectual property.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which MADEMOISELLE SAINT CLOUD ONLINE has intellectual property rights, on any medium and in any manner whatsoever, made without the prior written permission of MADEMOISELLE SAINT CLOUD ONLINE, is strictly prohibited.
The non-substantial reproduction or representation of elements on which MADEMOISELLE SAINT CLOUD ONLINE has intellectual property rights are authorized for strictly private and non-commercial purposes.
The authorized reproduction of elements on which MADEMOISELLE SAINT CLOUD ONLINE has intellectual property rights must clearly indicate the source and the name of the author of the content reproduced.
MADEMOISELLE SAINT CLOUD ONLINE reserves the right to exercise civil and criminal prosecution, in France and abroad, including counterfeiting, against any person who, directly or indirectly, would have infringed its rights.
17. PERSONAL DATA
During the Order process, the Purchaser may be required to communicate personal information concerning him/her.
18. PARTIAL NON-VALIDATION
If one or more provisions of these GCS are declared null and void, pursuant to a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without invalidating all of these GCS by which MADEMOISELLE SAINT CLOUD ONLINE and the Buyer will remain committed to each other.
If necessary, MADEMOISELLE SAINT CLOUD ONLINE and the Buyer undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been cancelled or invalidated for any reason whatsoever.
In case of dispute, the Purchaser should first contact the customer service of MADEMOISELLE SAINT CLOUD ONLINE by email at firstname.lastname@example.org.
In case of failure of the claim to the customer service or in the absence of response from this service within two months, the Purchaser may submit the dispute relating to the purchase order or these GCS opposing MADEMOISELLE SAINT CLOUD ONLINE to the Mediator of the Professional Federation of e-commerce and distance selling which will attempt, independently and impartially, to bring the parties together to reach an amicable solution.
The Purchaser will be able to contact the aforementioned mediator either at the address http://www.mediateurfevad.fr, or at the following postal address:
Service du Médiateur du e-commerce de la FEVAD, 60 rue la Boétie, 75008 Paris.
To submit his request for mediation, the Purchaser has a complaint form available on the mediator's website. To find out how to submit a complaint to the Mediator, click here. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
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 GTC shall not be interpreted in the future as a waiver of the obligation in question.
The fact that a Party does not claim the application of any provision of these General Terms and Conditions of Sale or tolerate the non-performance thereof temporarily or permanently, may in no case be interpreted as a waiver by that Party to exercise the rights it holds under these GCS.
The fact that a Party tolerates a non-performance or imperfect performance of a contractual obligation referred to in these GCS or, more generally, tolerates any act, abstention or omission of the other Party that does not comply with the contractual provisions shall not confer any right whatsoever on the Party that benefits from such tolerance.
The headings and subheadings contained in these T&Cs are included for convenience only. By express agreement between MADEMOISELLE SAINT CLOUD ONLINE and the Buyer, these titles and subtitles may not be used to interpret any provision of these GCS. In case of contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.
These GTC and the Order are governed in their entirety by French law.
Any dispute relating to the conclusion, interpretation, execution or termination of these General Terms and Conditions of Sale shall be subject to an amicable agreement.
Any dispute that may arise between the Parties as a result of the conclusion, interpretation or execution of these General Terms and Conditions of Sale shall be resolved exclusively by the competent courts of Strasbourg.
The present General Terms and Conditions of Sale are written in French. In the event that they have been translated into one or more foreign languages and in the event of a dispute, only the text written in French shall be deemed authentic between the Parties.