Posted on line on 20 JULY 2017
Last modified : none to date
SARL BEST PARTIES & Co
26 chemin de l' Olivet - 06110 LE CANNET
803 880 723 00033
04 89 82 92 12
RENTASHOP-8 rue des frères Caudron-78140 Velizy
These terms and conditions are accessible from the merchant website located at
fr. kidsandcream. com which is dedicated to the world of cosmetics for babies, children and adults.
The site undertakes to offer only products containing a majority of natural and organic ingredients for some of them, all strictly selected in France and abroad.
By accessing the site, the user is subject to these general terms and conditions, which he/she must read and accept for any order placed (check box to this effect).
By ordering one of the products offered on the site, the customer agrees to be bound by these conditions which apply to any offer, order and agreement between the customer and the site and to any operation necessary for their execution.
The site reserves the right to modify the general terms and conditions as necessary, according to the technical evolution of the site, the evolution of the legislation, at its sole discretion. The use of the site and the services offered on it is always subject to the most recent version of the terms and conditions posted on the site and accessible to the public at the time of use. It is the user's responsibility to consult the general terms and conditions as often as necessary, it being understood that the user has the possibility of keeping them by printing or saving them.
The site may also make changes to the editorial content, services and prices at any time and without prior notice.
When using the services, the user may be subject to any directives or rules posted on the site and applicable to the services offered therein which may contain terms and conditions in addition to these General Sales Conditions.
All of these directives or rules are deemed to be included by reference in the General Terms and Conditions.
The selling prices of products mentioned on the site are indicated all charges included, in euros. Shipping costs are not included in the prices displayed on the Site. Any other additional costs that may be charged to the Client are indicated before the date of the conclusion of the contract.
The selling prices of the products can be modified by the site at any time. The prices of the products that will have been purchased at the time of placing the order will not be able to be modified any more.
The offers presented by the site are valid within the limits of available stocks. In the same way, any promotional offer is only valid within the limit of the validity period of the offer concerned and the stocks available.
2. CREATION OF CUSTOMER ACCOUNT
To place an order, the customer undertakes to fill in all fields of the form on the site and to provide complete, accurate and reliable information in order to open an" account ".
The Customer undertakes to keep up to date, as soon as possible after their modification, the information provided to the Site, in particular with regard to its billing postal address and its
delivery address. It is expressly agreed that the customer shall be solely responsible for the consequences of the failure to update this information.
The Site reserves the right to request the Client to send any written document justifying his/her situation.
How the client account works:
An Account is opened in the customer's name at the end of the registration procedure on the Site. This account is personal to the Client, who can only access it by using the registration email address and its password.
The customer agrees not to communicate to any third party its registration email address and password.
The Customer undertakes to protect and keep secret his registration e-mail address and his password.
He undertakes to inform without delay the site of any compromise, loss or anomaly noted of his registration email address and/or password.
The Customer acknowledges that the actions carried out on his account will be charged to him when his registration e-mail and password have been activated, in the absence of any request for revocation of the registration email address and/or compromised password, and this in particular, in the event of purchase (s) concluded, even without his knowledge, by a person using his e-mail address and his password.
The Customer is solely responsible for the consequences of disclosing his registration e-mail address and password.
and Conditions or in case of suspicion of compromising the registration email address and/or password.
The Site undertakes to manage the client's accounts and reserves the right to remove or suspend access to the accounts in case of violation of the rules of use of these General Sale Conditions or in case of suspicion of compromising the registration email address and/or password.
The client undertakes not to create or use accounts other than the one created personally.
3. PLACING OF ORDER (S)
Any order implies adherence without restriction or reservation to the present General Sales Conditions and the creation of a customer account with real and reliable information allowing in particular the delivery of the order.
Any order implies acceptance of the prices and description of the products available for sale.
The customer placing an order on this site undertakes to have reached the minimum age legally required and to have the legal capacity to contract.
The Customer can follow the access to his basket during the order process throughout the navigation of the site to modify it, cancel it, check prices, products and quantities ordered. etc.
By clicking on VALIDATE MY ORDER, the Customer declares to validate the contents of his order (BASKET), his choice of delivery and to accept fully and without reservation the entirety of these General Sales Conditions (checkbox to this effect).
After having confirmed the content of his order and its details, the Customer will validate it definitively by clicking on VALIDATE AND PAY MY ORDER and by his payment (COMMANDED WITH PAYMENT OBLIGATION). The order will be final only after payment of the corresponding price.
The Order will also be confirmed by the site by sending an email following the address provided by the Customer.
Shipping costs are calculated excluding discount on site and/or promotional code on the basis:
- COLISSIMO parcel without signature at home;
- CHRONOPOST parcels against signature at home;
- CHRONOPOST parcels in relay;
The Site may also, at the Customer's request, ship the product (s) via another postal service and delivered against signature, or arrange for another delivery method subject to the acceptance of the product (s) at the Customer's request. additional costs and its feasibility in the country of delivery.
Payment for purchases is made in full as soon as the order is validated by BANK CARD and PAYPAL.
Purchases can also be paid by bank transfer.
The customer guarantees that he is authorized to use these means of payment used for the payment of his order and that this last one gives access to sufficient funds to regulate the order. As from the collection of funds at the latest within one month, the product (s) will be sent to the customer. Otherwise, the order will be cancelled.
The site reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that would be due by the customer or in the event of a payment incident.
Over 120 euros and/or for all exceptional express orders (DHL,
Chronopost...), supporting documents (identity card, proof of residence of less than 3 months) can be requested to finalize the validation of the order and authorize its delivery. The supporting documents will be automatically destroyed as soon as we receive your parcel and/or receipt of the payment corresponding to the order.
5. PRODUCT SELECTION
The Site publishes real photos of the products and indicates their characteristics and compositions.
Special attention of the customer is required in case of risk or suspicion of risk of allergy.
In any event, the customer, having taken cognizance of the products and their characteristics, has, under its sole responsibility, made its choice voluntarily and by its own arbitrator on the product (s) being ordered.
The preparation times are 2 working days from the receipt of the payment to which must be added the shipping time which depends on the mode of delivery chosen by the customer as well as the country of delivery.
Delivery times will also be recalled at the time of the order summary. A link will be sent to the customer so that he can follow the progress of the shipment of his order.
The time limits are binding only subject to full payment of the order price by the customer and its non-challenge.
7. PROPERTY RESERVE
The products remain the property of the site until full payment of the price.
The site's liability under the obligations of these General Sales Conditions shall not be engaged in the event that the non-performance of its obligations is attributable to a third party, even if it is foreseeable, due to the fault of the customer, or the occurrence of an event of force majeure as defined by the French jurisdictions or any other event that was not reasonably under the exclusive control of the site.
The information accessible on the site is provided in a serious and rigorous manner but does not carry without guarantee, implicit or explicit, concerning in particular the integrity, topicality, availability, products appearing on the site.
THE SITE DECLINES ALL RESPONSIBILITY FOR ANY INDIRECT DAMAGE CAUSED BY THE USE OF THE SITE. IN THE EVENT THAT THE RESPONSIBILITY OF THE SITE
WAS TO BE ESTABLISHED AND RETAINED ON THE BASIS OF DAMAGE SUFFERED BY THE CLIENT, ATTRIBUTABLE TO EXCLUSIVELY AND DIRECTLY WHEN PLACING AN ORDER, IT IS LIMITED TO THE FOLLOWING AMOUNT OF THE ORDER PAID BY THE CUSTOMER.
ANY CLAIM FILED BY A USER, INCLUDING ANY CUSTOMER, AGAINST KIDSANDCREAM MUST BE MADE WITHIN 8 (EIGHT) MONTHS FOLLOWING THE APPEARANCE OF THE EVENT, SUBJECT OF THE CLAIM.
The offers of products and prices are valid as long as they are visible on the site, within the limits of available stocks. In the event of a temporary total or partial product unavailability after placing of your order we will inform you by email or mail of the partial delivery or cancellation of the order.
An email will be sent to the customer as soon as possible after knowledge of the failure.
The defective product (s) may be shipped delayed and within a maximum of 30 days.
In accordance with the provisions of articles L. 216-2 and L. 216-3 of the Consumer Code, in the event of unavailability of the product, the customer has the right to be reimbursed for the price of the product ordered within 14 days of request.
The preparation times are 2 working days maximum.
The preparation of the order and its delivery can only be carried out once the order has been paid for by the customer in a complete and certain manner.
The products are delivered to the delivery address indicated during the ordering process for which only the customer is responsible.
IN THE EVENT OF AN ERROR IN ENTERING THE ADDRESS INDICATED OR FAILURE TO MAKE A COMPLAINT TO THE POSTAL SERVICES WITHIN THE TIME LIMITS STIPULATED, THE SITE CANNOT BE HELD RESPONSIBLE FOR THE FAILURE TO DELIVER.
Consequently, a second shipment of the parcel will be charged to the customer who must contact customer service for this purpose. In any case, the site shall not be held responsible for the consequences due to a delay in delivery.
The customer is informed by email at the start of the parcel and a number is sent to him/her to inquire in real time about the follow-up of his/her order and its routing.
Deliveries are deemed to have been made as soon as the product is made available to the customer, in particular by the carrier, as evidenced by the control system used by the carrier.
Without prejudice to the period of time available to the customer under his right of withdrawal, the customer must check the shipments on arrival and make any reservations and complaints which would appear justified, or even refuse the parcel,
The package shall be returned to the carrier if it is likely to have been opened or if it bears obvious signs of deterioration. Reservations and complaints must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days following the delivery of the products, a copy must also be sent to the site.
The customer has the possibility of cancelling his order if the delivery of the order has not taken place within seven working days (delivery in France) after the delivery date indicated, provided that this delay in delivery is not due to a case of force majeure in the sense of French jurisprudence or a non-payment of the order or an error as to the details entered.
Within 10 working days following the cancellation request by the customer and as from the return of the product, the site will make a refund request to the bank or following the same payment method used.
The customer has the possibility to cancel his order if the delivery of his order has not taken place within seven working days at the latest (delivery in France) after the date of delivery indicated provided that this delay in delivery is not due to: a case of force majeure within the meaning of French jurisprudence or failure to pay in full for the order by the customer or an error as to the details entered.
Within 10 working days following the cancellation request by the customer and as from the return of the product, the site will make a refund request to the bank or following the same payment method used.
Lost or misplaced parcel:
In case of non reception, the customer must contact the site in order for an investigation to be opened. The customer will be kept informed by email of the answers provided by the carrier (usually 14 working days). If the parcel is found, it will then be returned to the Customer. In the event of a declaration of loss, the site will immediately proceed with the formalities of reimbursement of the order corresponding to the order.
lost parcel (products and shipping costs).
11. PRODUCT GUARANTEES:
Guarantee of conformity:
The French Consumer Code provides the following in terms of a legal guarantee of conformity:
Article L. 217-4:"The seller is obliged to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or carried out under his responsibility ".
Article L. 217-5:" To be in conformity with the contract, the property must:
1) Be fit for the customary use of a similar property and, where appropriate:
- match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2) Either have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and that the latter has accepted ".
Article L. 217-12:"The action resulting from the lack of conformity is time-barred after two years from the delivery of the good".
Guarantee of latent defects:
The French Civil Code provides the following in terms of cover for latent defects:
Article 1641 of the Civil Code:"The seller is bound by the guarantee because of the latent defects of the thing sold which make it unfit for the intended use, or which diminish so much this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them".
Article 1648 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. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller may be relieved of apparent defects or defects in conformity ".
In accordance with the provisions of the legal guarantees of conformity and latent defects, the site undertakes according to what it is possible to do:
- or to replace the product with an identical product, depending on available stocks;
- or to exchange a product for a product of equivalent quality and price depending on available stocks;
- or to refund the price of the product ordered within 30 days following the customer's request if replacement of an identical or equivalent product is impossible;
- or to reimburse him a part of the price of the product if the customer decides to keep it (for the guarantee of latent defects).
The products must be returned in the condition in which they were received with all the elements in a packaging allowing transport in good conditions. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
WARNING: Products modified, repaired, integrated, damaged or soiled by the customer are excluded from guarantee.The guarantee does not apply to apparent defects. The guarantee will not cover products damaged during transport or misuse. In case of abusive returns, the company reserves the right to refuse any subsequent order.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from the date of delivery of the property to act vis-à-vis its seller;
- may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 211-9 of the Consumer Code;
- is exempted from reporting proof of the property's lack of conformity for 24 months.
It is recalled that the consumer can decide to implement the guarantee against hidden defects in the goods sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between rescinding the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
The provisions of this article do not prevent the consumer from benefiting from the right of withdrawal
For any request concerning legal guarantees, the customer must then contact the Service via the heading "Contact us" or by telephone on 04 89 82 92 12 (Free service + call price) during the opening hours of the service.
12 - PERSONAL DATA
Personal information and personal data concerning you are necessary for the management of your order and our commercial relations. They may be transmitted to companies which contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer you and the information we send you in the newsletter if you have given your consent.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, oppose and remove your personal data.
Simply write to us online at Customer Service or by mail to SARL BEST PARTIES & CO -
KIDS & CREAM - Chez Buro Club - 2405 Route des Dolines - CS10065 - 06902 Sophia Antipolis Cedex
by indicating your name, first name, e-mail address and if possible your customer reference.
In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the reply must be sent. A reply will then be sent to you within 2 months following the date of receipt of your request.
Depending on your choices made during the creation or consultation of your account, you may receive offers from our site. If you no longer wish it, you can ask us to do so at any time.
13. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced or represented on the site are strictly reserved under copyright as well as intellectual property rights and worldwide. As such, and in accordance with the provisions of the intellectual property, only use for private use subject to different or more restrictive provisions of the intellectual property code is permitted. Any total or partial reproduction or representation of the site or of all or part of the elements found on the site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the site are protected by trademark law. Reproduction or representation of all or part of any of the above-mentioned signs is strictly prohibited and requires prior written permission from the trademark owner.
The User is also forbidden:
The extraction by permanent or temporary transfer of all or part qualitatively or quantitatively substantial content of the Site on another medium, by any means and in any form whatsoever;
Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the website, whatever its form.
The creation of a hypertext link, even a simple one, can only be done with the authorization of the site, and provided that no confusion can exist in the minds of internet users on the identity of the site or the source of information.
14. RIGHT AND PERIOD OF REVOCATION
WARNING: no right of withdrawal can be exercised by a buyer who is not a consumer.
In accordance with article L. 221-18 et seq. of the Consumer Code, in order to exercise his right of withdrawal (i. e. not to wish to acquire without having to justify reasons or pay penalties), the customer has a period of fourteen(14) days from the date of receipt of his order.
- Notify the site of its decision to use its right of withdrawal by means of an unambiguous declaration specifying the products concerned through the RETURN AND EXCHANGE section.
The request will be recorded by the site and confirmed by sending an e-mail which will
indicate the procedure to be followed for the return of the product (s) concerned by the withdrawal which must be returned before the expiry of the 14-day period from the date of notification of the request.
The customer shall bear the direct costs of returning the goods.
If you exercise your right of withdrawal, we will reimburse you for the products concerned by the withdrawal no later than fourteen days after receipt of the returned products.
We will make the refund using the same method of payment that you used for the original transaction.
The customer is reminded that the right of withdrawal on the returned product (s) shall not apply if in particular:
- he has used his right outside the legal deadlines,
- if the above recommendations have not been fully complied with,
- if the product or products are not covered by the right of withdrawal in accordance with Article L. 221-28 of the Consumer Code notably "the right of withdrawal may not be exercised for contracts for 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 ".
- if the product or products show signs of opening and use, including on the packaging box,-
- if the product or products have been damaged resulting in an impairment of the latter. In the event of product depreciation resulting from handling operations other than those necessary for the characteristics of the product, you may be held liable.
In the event of abusive returns, the site reserves the right to refuse any subsequent order.
15. EVIDENTIARY AGREEMENT
In accordance with the provisions of articles 1365 of the Civil Code, the information provided by the site as well as any telephone registration are authentic between the parties.
In accordance with article 1367 and 1368 of the French Civil Code, the site and the client intend to establish, within the framework of the services, the rules relating to the proofs admissible between them in case of dispute and their probative force. The following provisions thus constitute the agreement of proof concluded between the parties, who undertake to comply with this article.
The site and the customer undertake to accept that in case of dispute, the data resulting from any telephone or computer recording of the Site, as well as any element transmitted by the customer, such as not exclusively letters, e-mails, photographs, constitute proof of the acceptance of these terms and conditions, the acceptance by electronic means of all offers and all services, the express renunciation of the right of withdrawal, the materiality of the services used by the customer to which he is entitled.
(only for residents of metropolitan France subject to a valid number), telephone records, connection logs. The site and the customer irrevocably agree that in case of dispute, the scope of these documents, information and records is that granted to an original, in the sense of a written paper document, signed in a handwritten way.
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
The fact that one of the parties does not claim from the other party a breach of any of the obligations referred to in these GTC shall not be construed for the future as a waiver of the obligation in question.
17. APPLICABLE LAWS
The present general conditions are subject to French law. The customer may, at any time, consult his rights at the following addresses: www.legifrance.fr - www.cnil.fr.
In the event of a dispute, the Customer may resort to a consumer mediator in accordance with Order No. 2015-1033 of August 20,2015 relating to out-of-court settlement of consumer disputes.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN THE SITE AND THE BUYER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS, WILL BE, IN THE ABSENCE OF AMICABLE AGREEMENT, THE EXCLUSIVE COMPETENCE OF THE FRENCH COURTS COMPETENT IN ACCORDANCE WITH THE RULES ESTABLISHED BY THE CODE OF CIVIL PROCEDURE.