General conditions of sale

We invite you to print these General Conditions of Sale.

SELLER Identification:

ELYSEE COSMETICS,
Simplified joint stock company with a single shareholder,
Having its registered office:

ZI TECHNOPOLE SUD F

57600 FORBACH - FRANCE,

Registered in the trade and companies register of: SARREGUEMINES,
Under SIREN number: 394 882 104,

And whose intra-community VAT number is: FR68394882104

Phone number: +33 (0)3 87 84 60 80

Email address: contact@olysee.com

  1. Scope of application


1.1. These General Terms and Conditions of Sale (hereinafter "GTC") apply automatically, without restriction or reservation, to all sales concluded by the company ELYSEE COSMETIQUES (hereinafter the "SELLER") with consumer buyers (hereinafter the "CUSTOMER"), wishing to acquire the products offered for sale by the SELLER on its Site <https://www.olysee.com/fr/> (hereinafter the "Site"). The SELLER specifies for all useful purposes that the products are not designed for professional use.


1.2. These T&Cs shall prevail, where applicable, over any other version or any other contradictory document. In particular, these T&Cs apply to the exclusion of those applicable to other distribution or marketing channels for the SELLER's products (distance selling by catalogue in particular).


1.3. These T&Cs are systematically communicated on the Site to any CUSTOMER prior to the order which can only be carried out after their express acceptance by the CUSTOMER.


1.4. These T&Cs were updated on 12/07/2022 . This edition cancels and replaces previous versions.

  1. Acceptance of the T&Cs


By checking the box "I have read and accept the T&Cs" (or any other equivalent formula) the CUSTOMER fully agrees to and accepts these T&Cs, acknowledges that they are fully aware of them and waives the right to invoke other conditions, with the exception of those that have been expressly accepted by the SELLER.


  1. Modification of the T&Cs


The SELLER reserves the right to modify its T&Cs at any time. In this case, the applicable conditions will be those in force on the date of the order by the CUSTOMER.

The new version of the T&Cs cannot be applied to transactions concluded previously.

 

  1. Pre-contractual information

 

The CUSTOMER acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, all the information listed in Article L. 221-5 of the Consumer Code.

 

  1. Order

To place an order, the steps are as follows:

  1. The CUSTOMER adds the desired product to the cart.
  2. The CUSTOMER views his basket, corrects any errors and clicks on “proceed to payment”
  3. The CUSTOMER must enter information relating to the delivery of the products (delivery address)
  4. The CUSTOMER confirms the shipping method
  5. The CUSTOMER checks and validates the order
  6. The CUSTOMER validates the payment

Validation of the order constitutes express acceptance by the CUSTOMER of all operations carried out on the Site, as well as the prices and descriptions of the products.

The sale will only be considered final after the SELLER has sent the CUSTOMER confirmation of acceptance of the order by email and after the SELLER has received payment in full.

Confirmation of acceptance of the order by the SELLER is accompanied by the standard withdrawal form mentioned in article 12 below.

The standard withdrawal form is also available on the Site.

In certain cases, including non-payment, incorrect address or other problem with the CUSTOMER's account, the SELLER reserves the right to block the CUSTOMER's order until the problem is resolved.


  1. Product Features


Each product offered for sale by the SELLER is described on the Site.

The CUSTOMER is required to read them before placing any order. The CUSTOMER is required to refer to the description of each product in order to know its essential properties and characteristics.


The choice and purchase of a product is the sole responsibility of the CUSTOMER.

The SELLER reserves the right to make minor clarifications or modifications to the description or photo of a product at any time, provided that these modifications do not affect the essential properties and characteristics of the product.


The CUSTOMER is informed that minimal variations in tone in the photographic representation of the products on the Site may occur for reasons related to the display methods of their screen.

  1. Product Availability – Disclaimer


7.1. The products presented on the Site are offered for sale exclusively for the following territories: Metropolitan France.


7.2. Product offers are subject to availability. Information on product availability is provided at the time the order is placed.

7.3. The total quantity ordered may not exceed 20 copies of the same product per order. In any event, any order that appears abnormal, in particular with regard to its amount, quantity or frequency, may be suspended or cancelled and may, where applicable, lead to the suspension and/or closure of the CUSTOMER's account.

  1. Price


The products are supplied at the current prices appearing on the Site, when the order is registered by the CUSTOMER. Prices are expressed in Euros, all taxes included.

These prices are firm and not subject to revision during their period of validity, as indicated on the SELLER's Website.


These rates do not include handling (packaging) and delivery costs, which are charged in addition and set out in Article 8 below.

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products on the Site.

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the price of the products.

  1. Processing and delivery charges


Handling and delivery charges are fixed regardless of actual transport and packaging costs.


Packaging and delivery costs are set at 8.80 euros per order for mainland France.

  1. Payment Terms


10.1. Payment of the price is made in cash on the day the order is placed.

No order will be taken into account without full payment by this date.

At no time may the amounts paid be considered as deposits or down payments.

10.2. The price is payable in full and in a single payment, according to the following terms:

By credit card:


You can pay by credit card (VISA, Mastercard) free of charge online. Your credit card payment will be processed immediately after ordering.


10.3. Payments made by the CUSTOMER will only be considered final after actual collection by the SELLER of the amounts due.


The SELLER shall not be required to deliver the products ordered by the CUSTOMER if the latter does not pay the price in full under the conditions indicated above; the SELLER reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the CUSTOMER.

It is expressly agreed between the CUSTOMER and the SELLER that the CUSTOMER, debtor of an obligation to pay under the terms hereof, will be validly put on notice by the sole enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
Furthermore, the SELLER reserves the right to cancel or refuse any order from a CUSTOMER with whom there is a dispute relating to the payment of a previous order.

 

  1. Delivery – Default


11.1. The products purchased by the CUSTOMER are delivered exclusively in mainland France within the time period indicated when the order is placed (on average between 3 and 5 working days), to the address indicated by the CUSTOMER when ordering on the Site.


Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. Deliveries are provided by an independent carrier, chosen by the SELLER.


Delivery means the transfer to the CUSTOMER of physical possession or control of the product.

It is the responsibility of the CUSTOMER, or the recipient if different from the CUSTOMER, to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the SELLER.

In accordance with Article L133-3 of the French Commercial Code, the CUSTOMER has a period of three days, excluding public holidays, from receipt of the products, to make any claim to the carrier, by registered letter with acknowledgment of receipt, regarding loss and/or damage to the package(s) noted.


11.2. In accordance with the provisions of Article L 216-6 of the Consumer Code, in the event of failure by the SELLER to meet its obligation to deliver the goods on the date or at the end of the agreed period, for any reason other than force majeure or the actions of the CUSTOMER, the CUSTOMER may:

1° Notify the SELLER of the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the Civil Code;

2° Terminate the contract if, after having formally notified the SELLER to make the delivery or provide the service within a reasonable additional period, the latter has not performed within this period. The contract is then considered terminated upon receipt by the professional of the letter or written document informing him of this termination, unless the professional has performed in the meantime.

3° Immediately terminate the contract if the conditions set out in Article L216-6, II of the Consumer Code are met.


When the contract is terminated under the legal conditions, the SELLER will reimburse the CUSTOMER for all sums paid, at the latest within fourteen days following the date on which the contract was terminated.

  1. Transfer of ownership and risks


The transfer of ownership of the SELLER's products to the CUSTOMER will only be made after full payment of the price by the latter, regardless of the delivery date of said products. The CUSTOMER undertakes, until ownership is transferred to him, to take all necessary precautions for the proper conservation of the products.


The transfer of the risks of loss and deterioration of the SELLER's products will be carried out at the time when the CUSTOMER takes physical possession of the goods, provided that the carrier is proposed by the SELLER. The signature by the CUSTOMER, or the recipient if different from the CUSTOMER, of the delivery note is presumed to have taken possession of the product.

  1. Right of withdrawal

 


13.1. Information regarding your right of withdrawal

In accordance with the provisions of Article L. 221-18 et seq. of the Consumer Code:

You have the right to withdraw from this contract by returning the products ordered in their original packaging and in perfect condition, without giving any reason or paying any penalties.

You have 14 days to exercise your right of withdrawal, from the moment you, or a third party other than the carrier and designated by you, takes physical possession of:

- Of the good, when the contract relates to a single good;

- Of the last good when the contract relates to several goods ordered by means of a single order if these goods are delivered separately;

- Of the last batch or the last piece when the contract concerns the delivery of goods in several batches or pieces.

To exercise your right of withdrawal, you must complete and return to us the withdrawal form, or any other unambiguous declaration, and send it to the following address:

ELYSEE COSMETICS

ZI TECHNOPOLE SUD F

57600 FORBACH - FRANCE

Or by email to: contact@olysee.com

You are not obliged to use the withdrawal form, but if you wish, you will find it:

- In the written confirmation of acceptance of your order;

- In the appendix to these General Conditions of Sale;

- On your invoice;

- On the Website.

In order to meet the withdrawal deadline, it is sufficient for you to notify us of your decision to withdraw before the withdrawal period has expired.


13.2. The effects of your right of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you under this contract, including the costs of delivery (with the exception of the supplementary costs resulting from the fact that you have chosen, where applicable, a more expensive type of delivery than the standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise. In any event, this reimbursement will not incur any fees for you.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods without undue delay and, in any event, not later than 14 days after you have communicated to us your decision to withdraw from this contract.

You will be responsible for the direct costs of returning the goods, which correspond to the current postal rates.

13.3. Limits to your right of withdrawal

You are only liable for any diminished value of the property resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the property.

However, in accordance with the provisions of Article L. 221-28 of the Consumer Code:

 

You will not be able to withdraw if:

- The item is made to your specifications, or clearly personalized;

- The good is likely to deteriorate or expire rapidly;

- The goods have been unsealed by you, or a third party other than the carrier, after delivery, and they cannot be returned for reasons of hygiene or health protection;

- After delivery and by its nature, the good has been inseparably mixed with other items.

 

 

  1. Legal guarantees

The CUSTOMER benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1649 of the Civil Code).


14.1. Legal guarantee against hidden defects rendering the products unfit for use

In accordance with the provisions of Articles 1641 et seq. of the Civil Code:


The SELLER is liable for hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the Civil Code.


The legal guarantee against hidden defects covers hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code.


The consumer CUSTOMER who wishes to make a request under the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the Civil Code must send his request to the address of the SELLER's head office.


When acting under the legal guarantee against hidden defects in the item sold, the consumer CUSTOMER is informed that he has a period of two years from the discovery of the defect to take action.

The consumer CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer may choose between the resolution of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.


14.2. Legal guarantee of conformity

 

In accordance with the provisions of Articles L.217-1 et seq. of the Consumer Code:


The SELLER is liable for any lack of conformity of the goods to the contract under the conditions of Articles L.217-1 et seq. of the Consumer Code.

Products which do not meet the legal definition of conformity in Article L.217-4, L.217-5 or which are not compliant within the meaning of Article L.217-6 of the Consumer Code are covered by the legal guarantee of conformity.

The consumer CUSTOMER who wishes to make a request under the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the Consumer Code must send their request to the address of the SELLER's head office.


When acting under the legal guarantee of conformity, the consumer CUSTOMER is informed that he:

- has a period of two years from the delivery of the goods to take action. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the CUSTOMER's action is the day on which the latter becomes aware of the lack of conformity;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code, or, failing that and where applicable, to a reduction in the price or termination of the contract, under the conditions set out in Articles L217-14 et seq. of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods for which this period is set at six months from delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.


It is recalled that the consumer CUSTOMER may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the consumer may choose between the resolution of the sale or a reduction in the sale price, in accordance with article 1644 of the Civil Code.

 

  1. Customer Relations Service - Complaint

15.1. For any questions or complaints, the customer relations department is available to the CUSTOMER: either by email to contact@olysee.com

either by telephone at: +33 (0)3 87 84 73 92

15.2. If upon delivery, products and/or the package are damaged or if products are missing, without prejudice to the formalities to be carried out with the carrier, the CUSTOMER must make a return request, with supporting photos, to the SELLER within 7 days of delivery, to obtain a replacement or refund. Any claim made outside this period and without justification will not be accepted. The return of the damaged product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

  1. Responsibility

The SELLER shall not be held liable in the event that the non-performance or poor performance of its obligations is attributable either to the CUSTOMER, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law and Article 1218 of the Civil Code.

In particular, the SELLER cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance/storage on the part of the CUSTOMER, as in the event of normal wear and tear of the product or force majeure.

 

  1. Intellectual Property - Hypertext Links


17.1. All elements of the SELLER's Site, whether visual or audio, including the underlying technology, are protected by French and international laws relating to intellectual property.

They are the exclusive property of the SELLER and/or its partners.

Any total or partial reproduction of the content of the SELLER's Site is strictly prohibited and may constitute an infringement of copyright.


17.2. The CUSTOMER who has a personal website and who wishes to place, for personal use, on his website a simple link directly referring to the SELLER's Site, must request prior written authorization from the SELLER. In all cases, any unauthorized link must be removed upon simple request from the SELLER.

  1. Processing of personal data via the Site


As part of the management and monitoring of orders, its relationship with customers, and for prospecting and marketing operations, the company ELYSEE COSMETIQUES is required to process personal data of CUSTOMERS and users of the Site.

The data processed may be communicated to the SELLER's potential partners responsible for the execution, processing, management and payment of orders.
Under the conditions defined by the "Informatique et Libertés" Law and the European Data Protection Regulation (also called "GDPR"), persons whose data is processed have a right of access, rectification, erasure, minimization and limitation and, where applicable, portability of their personal data, as well as a right to limit the processing carried out on them.

The persons concerned also have the right to make general and specific directives defining the manner in which they wish their rights mentioned above to be exercised after their death.

Under the conditions provided for by the Law and the GDPR, if the legal basis for the processing is the legitimate interest of the data controller, except for one and/or the other to demonstrate the existence of compelling and legitimate grounds for this processing which prevail over the interests, rights and freedoms of the person concerned, individuals may also, for reasons relating to their particular situation (legitimate grounds), object to the processing of data concerning them.

If the legal basis for the processing is the explicit consent of the data subject, the data subject may withdraw this consent at any time.

To exercise these rights or for any questions about the processing of their data, the persons concerned can contact: contact@olysee.com

Data subjects have the right to lodge a complaint with the competent supervisory authority in France, namely the National Commission for Information Technology and Civil Liberties (CNIL).

For further information, the CUSTOMER is invited to refer to the PERSONAL DATA PROCESSING POLICY (INTERNET SALES), available on request.

  1. Information on household packaging waste


In application of article L.541-10-13 of the Environmental Code, the unique identifier FR209544_01JIPD attesting to registration in the Packaging sector register was assigned by SYDEREP (ADEME) to the company ELYSEE COSMETIQUES. This identifier attests to its compliance with regard to its obligation to register in the Packaging sector register and to the completion of its declarations of placing on the market with CITEO.

If you would like to know more about ELYSEE COSMETIQUES' commitment to the environment, we invite you to contact us by email at: contact@olysee.com

  1. Convention of proof


The computerized records, stored in the SELLER's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.


It is expressly agreed that, unless proven otherwise, the data stored in the SELLER's information system have probative force with regard to orders placed by the CUSTOMER. Data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or stored in writing.


The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil Code.


Under Article 1366 of the Civil Code, written evidence in electronic form, such as postal letters and faxes, is admissible in the same way as written evidence on paper, provided that the person from whom it originates can be duly identified and that it is established and preserved under conditions that guarantee its integrity.


To access the data recorded during online orders, the CUSTOMER can send their request to: contact@olysee.com

 

  1. Waiver


The fact that either party does not claim the application of any clause of the T&Cs or tolerates its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by that party of the rights arising for it from said clause.

  1. Contract language


The language proposed for concluding the distance contract is French.

  1. Applicable legislation


By express agreement between the parties, these General Terms and Conditions and the purchase and sale transactions resulting from them are governed by French law.


The SELLER's products comply with the regulations in force in France.

  1. Disputes


In the event of disputes, the CUSTOMER will have the option of resorting, if it so wishes, to a conventional mediation procedure or to any other alternative method of dispute resolution.

Any disputes that may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to consumer mediation, in accordance with the provisions of Articles L612-1 et seq. of the Consumer Code. The CUSTOMER remains free to accept or refuse recourse to consumer mediation.

To contact the mediator, the CLIENT can:

  • Send an email to: in the process of joining

  • in the process of joining

 

The CUSTOMER is also informed that the European Commission provides an online platform for resolving disputes between consumers and professionals in the European Union, which the CUSTOMER can access via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

In any event, the solution proposed by the mediator chosen by the CLIENT is not binding on the parties to the contract. In addition, the CLIENT will have the option of using, if desired, any other alternative method of settlement. disputes.

***

*

 

APPENDIX: Standard withdrawal form

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of:

ELYSEE COSMETICS

ZI TECHNOPOLE SUD F

57600 FORBACH - FRANCE

E-Mail: contact@olysee.com

I/we (1) hereby notify you of my/our (1) withdrawal from the contract for the sale of the goods below:

Ordered on / Received on (1):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s):

Date :

(1) Delete the unnecessary mention

Water, Purity, Beauty. Simply.