Terms of Sales
I. Scope
These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales made by GP DIFFUSION (“ the Seller ”) to consumers and non-professional buyers (“ Customers or Customer ”). , wishing to acquire the products offered for sale by the Seller (" The Products ") on the website https://en.mlle-agathe.fr (the "Website ". They specify in particular the conditions of ordering, payment , delivery and management of any returns of Products ordered by Customers.The Products offered for sale on the above website are as follows:
Face care – Body care – Cleansing care – Sun care – Food supplements.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities. Product offers are valid within the limits of available stocks, as specified when placing the order. The Seller's contact details are as follows:
MISS AGATHE/GP DIFFUSION
ZA Bel Air 72500 LUCEAU
These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. These T&Cs are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document. The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the website if applicable. . These T&Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all his personal data by writing, by mail and justifying his identity, to
MISS AGATHE/GP DIFFUSION
ZA Bel Air 72500 LUCEAU
The validation of the order by the Customer implies acceptance without restriction or reservation of these GCS.
II. Orders
It is up to the Customer to select on the website the Products he wishes to order, according to the following methods:
Select the desired product then click on "add to basket", then validate your basket with the "I order" button, you fill in your name and address for the delivery address and finalize your order by the "order" button to carry out the payment of the order by choice of Carte Bleue, Paypal or check.
Once the order form has been completed and as soon as you have clicked on " Validate the order ", this signature will validate your order form and will be worth full and unreserved acceptance of these general conditions of sale.
An electronic message is sent and confirms the acceptance of his order to the Customer at the email address that he will have communicated.
The sale will be concluded only after the written confirmation of the order.
The same applies to any order made verbally by the customer, the registration of the said order by the Seller being proof of it, in particular with regard to the type of product, the quantity, the place and the date of delivery. . The Seller is not bound by the offers to sell that he may have made in relation to products held in stock if these products have been sold between the moment when he established his offers to sell and the moment when he accepted the customer orders. The Seller reserves the right to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. The Seller reserves the right not to accept an order for reasons of stock shortage or payment authorization; the Customer will then be informed by email. The information stated by the Customer, when taking the order, commits the latter: in the event of an error in the wording of the recipient's contact details, the Seller cannot be held responsible for the impossibility in which it could be to deliver the product. order.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer. Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after receipt by the latter of the full price - and after receipt by the -here of the entire deposit due. For orders placed exclusively on the Internet, the registration of an order on the Service Provider's site is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of all of these T&Cs and constitutes proof of the sales contract. It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors. Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller. 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.
The Customer will be able to follow the progress of his order on the website.
III. Prices
The Products are supplied at the current prices appearing on the website, when the order is recorded by the Seller. The prices are expressed in Euros including VAT. The prices take into account any reductions that may be granted by the Seller. These prices are firm and non-revisable during their period of validity, as indicated on the website the Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
IV. Payment
All orders are payable in cash. The price invoiced to the customer is the price indicated on the order confirmation sent by e-mail. Payment for your purchases can be made by: Either by credit card via Crédit Agricole secure payment, or by Paypal, or by bank check: by editing the order form received by email, the customer sends his payment to the order of SAS GP Diffusion – MELLE AGATHE, accompanied by the order form to the following address:
MISS AGATHE/GP DIFFUSION
ZA Bel Air 72500 LUCEAU
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France. The cashing of the check is made upon receipt of the check. The sending of your payment by check must be done within 5 working days, any order for which the check is not sent within 5 days will be canceled, before this period you will receive a reminder email. In the event of non-payment on the due date, GP Diffusion may increase the invoice automatically and without prior notice, with late payment interest calculated from the due date, at the base bank rate of the BANQUE DE FRANCE, increased by 2 points or, failing that, the rate that the BANQUE DE FRANCE would substitute for its bank base rate. All costs generated by overdue receivables for their recovery will be re-invoiced to the customer upon presentation by GP Diffusion of the corresponding supporting documents.
V. Delivery
Time limit :
Delivery times are 15 (fifteen) days from the validation of the order. The delivery times given by the Seller are only indicative and only begin to run from the date of final acceptance by the Seller of the Customer's order. Any delays cannot authorize the Customer to cancel his order, to refuse delivery of the products, to suspend or delay payments and/or to claim damages or reimbursement of costs or late penalties of any kind whatsoever. .
Shipping terms:
The acceptance of the Seller to carry out the shipment and the operations incidental to the transport results only from its express and written agreement. When the Seller agrees to carry out the transport operations, the products are transported by the means of transport chosen by him to the address indicated by the customer, in addition, the dispatch and the operations incidental to the transport are carried out as agent of the customer, at the risk and peril of the latter, without such operations being able to confer on the Seller the quality of freight forwarder or carrier. In the event of loss, damage or delay, the customer must take action against the carrier.
Obligations :
The Seller is released from the obligation to deliver and more generally from its obligations and cannot be held responsible for delays in delivery or the direct and/or indirect damage which would result therefrom as a result of the occurrence of any fortuitous or forced event. major, such as social unrest, accidents, the impossibility of being supplied by its suppliers, acts of any third party including the customer or any other circumstance having an external cause which directly prevents it from meeting its obligation. The Seller cannot be held responsible for the non-respect by its suppliers of their obligations towards it. In case of absence, the Customer will collect the package according to the methods proposed by the delivery person. For reasons of unavailability, the Seller may deliver an order in several instalments. The Customer will be informed beforehand by email. However, the customer will only pay the costs of one delivery. In the case of a technical product, the Customer must first read the instructions for use and check the proper functioning of the device. In the event of apparent defects, the Customer has the right of return.
Delivery issues:
Shipments are made at the Customer's risk. It is up to the customer to cover his liability with insurance against the risks that the products may incur. The Customer is required to check his package on arrival. He must notify La Poste and the Seller of any reservations about the product delivered (for example: damaged package, already opened, etc.) within 3 days of receipt of the product. The Seller undertakes to reimburse the Customer or to exchange the products that do not correspond to the order. In this case, the Customer must report it in detail in writing and return the product(s) to the Seller; the Seller will exchange or refund the product(s). The request must be made within 7 days of delivery. Any complaint made outside this period cannot be accepted. Products must be returned in the condition in which they were received. Shipping costs will be reimbursed on the basis of the invoiced rate. In any case, the Customer benefits from the provisions of the legal guarantee, in particular those relating to the guarantee against hidden defects. The provisions of this article do not prevent you from benefiting from the right of withdrawal (see below).
Availablity :
Product offers are valid within the limits of available stocks. In case of unavailability of product after placing your order, we will inform you by email.
Shipping costs:
See " Delivery terms "
VI. Title retention clause
By express agreement, the products sold remain the property of the Seller until full payment of the price by the customer, in accordance with the provisions of Law No. 80-335 of May 12, 1980 and all subsequent texts. However, the risks are transferred upon delivery. In the event of non-payment by the Customer on the due date, the Seller may, without losing any other of its rights, demand by registered letter with acknowledgment of receipt, the return at the expense and risk of the Customer of the products and goods sold. Consequently, the Customer will be required to take all necessary measures so that the products sold remain, until full payment of the price, identifiable as the property of the Seller.
VII. Right to retract
In accordance with the legal provisions in force, the Customer has a period of 14 (FOURTEEN) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 15 (FIFTEEN) days following notification to the Seller of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available in the appendix to these GCS, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 (FOURTEEN) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
VIII. Warranties
The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions: the legal guarantee of conformity, for Products which appear to be defective, damaged or damaged or which do not correspond to the order and the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unsuitable for use, under the conditions and according to the methods referred to in the box below.
- Legal guarantee of conformity: Within the meaning of article L217-4 of the Consumer Code, the Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
When acting on this basis, the Customer has a period of two years from delivery of the goods to act. He can choose between the repair or the replacement of the good. However, within the meaning of article L211-9 of the Consumer Code, the Seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the property or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods; this period is extended to twenty-four months from March 18, 2016, except for second-hand goods. This legal guarantee of conformity applies independently of any commercial guarantee granted. The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of articles 1641 to 1649 of the Civil Code and, in this case, he can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the Civil Code.
- Guarantee of hidden defects: the Seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it , or would have paid less, if he had known them.
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 by article 1642-1 , the action must be brought, on pain of foreclosure, within one year following the date on which the Seller can be discharged from the apparent defects or lack of conformity.
- Commercial warranty: the products sold benefit from a manufacturer's warranty, the duration of which is indicated in the notices for each of the products. These guarantees are exclusive of any other guarantee of result as to the satisfaction of the specific needs of the Customer.
In the event of any problem, the Customer can contact the sales department during working hours on 02 43 38 21 21 (from 9 a.m. to 5 p.m. - 4:30 p.m. on Fridays) or by email at contact@mlle-agathe.fr or by using the contact form present on the site. In the event of an incident, and after having been informed by e-mail within 24 hours after delivery, the Seller exchanges or fully reimburses the returned products, if the alleged problem is proven by any means by the Customer. It will also be up to the Customer to provide any justification as to the reality of the defects or anomalies observed, it being specified that the Customer must freely let the Service Provider proceed with the observation of these apparent defects or lack of conformity and provide a solution.
IX. Seller's liability
The Seller is responsible for the items only until they are delivered; its liability cannot be engaged if it provides proof that the non-performance or poor performance of the contract is attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure within the meaning of the 1218 of the Civil Code . The Seller cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers. The Seller's liability will, in any case, be limited to the amount of the order and cannot be held liable for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products. It is recalled that compliance with the provisions of this contract relating to the contractual guarantee assumes that the Customer uses the products in accordance with the use for which they are intended. For any questions about the products presented on the site, the Customer can contact customer service.
X. Reimbursement terms
All complaints must be brought to the attention of the Seller by registered letter with acknowledgment of receipt within 7 (SEVEN) days of receipt of the products. After this period, no reservations will be accepted except in legal cases (notably withdrawal). It will thus be up to the customer to check the products upon receipt and to carry out the usual checks. It will be up to him to provide any justification as to the reality of the non-conformities, defects or anomalies observed. He must allow the Seller every facility to proceed with the observation of these defects and to provide a solution. He will refrain from intervening himself or having a third party intervene for this purpose. For products sold packaged, the weights and/or measures at departure are proof of the quantities delivered. Any product return must be subject to a formal agreement between the Seller and the Customer. Any product returned without this agreement would be made available to the customer and would not give rise to the establishment of a credit note. No return of products will be accepted if it is not in its original state and complete (packaging, accessories, instructions...). The Customer undertakes in this respect to return the products in the state in which he received them and refrains from modifying their appearance in any way whatsoever. The costs and risks of the return are always the responsibility of the customer. No return will be accepted after a period of 15 (FIFTEEN) days following the delivery date. In the event of an apparent defect or non-conformity of the products delivered, duly noted by the Seller under the conditions provided for in the clause above, the Customer may obtain the free replacement or reimbursement of such products, at the Seller's option, at exclusion of any indemnity or damages. Refunds of products will be made within a period less than or equal to 15 (FIFTEEN) days after receipt of the products by the Seller. The refund will be made using the same means of payment as that used for the initial transaction.
XI. Pre-contractual information – Client acceptance
The Customer acknowledges having had communication, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in Article L.221-5 of the Consumer Code in a separate document and in particular the following information:
“- the essential characteristics of the Service;
- the price of the Services and related costs;
- in the absence of immediate execution of the contract, the date or the deadline on which the Service Provider undertakes to provide the Services ordered;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
- information relating to legal and contractual guarantees and their implementation methods;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute”.
The fact for a natural person to make an immediate purchase or to order a service implies acceptance and full and complete acceptance of these GCS and obligation to pay for the services ordered, which is expressly recognized by the Customer, who waives, in particular, rely on any contradictory document, which would be unenforceable against the Seller.
XII. Termination clause and penalty clause
In the event of non-compliance with the payment conditions, the sale will be canceled automatically after a formal notice which has remained unsuccessful for 15 (FIFTEEN) days. If a deposit has already been paid, it will remain with the Seller as fixed damages.
If no deposit has been paid, the Seller is entitled to claim a final fixed indemnity equal to 15% of the sums remaining due to him on canceled sales.
XIII. Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
XIV. Mediation
For all disputes to which the operations carried out in application of these GCS could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences, the Customer must first contact GP DIFFUSION on 02 43 38 21 21 Monday to Friday except public holidays or non-working days, from 9:00 a.m. to 5:00 p.m. (4:30 p.m. on Fridays) or by mail:
MISS AGATHE/GP DIFFUSION
ZA Bel Air 72500 LUCEAU
In the absence of a solution within 21 days of his request, the Customer may contact the Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD) by post at 60 rue la Boétie 75008 PARIS or by email: mediateurduecommerce@fevad.com
XV. Disputes
Complaints will always be received with attention and understanding, the good faith of the Customer being always presumed; in return, in the event of a dispute, the Customer will first contact the Seller's customer service department to obtain an amicable solution. All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
XIV. Computing and Freedoms - Personal data - Telephone
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices. , notably. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. In accordance with the aforementioned law n° 78-17 of January 6, 1978, the processing of personal information relating to Customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website. All data can be modified by the customer (article 34 of the law of January 6, 1978). The latter is entitled to request its deletion from the “ Customer file ” from customer service. The Customer is also informed of his right to register on the list of opposition to canvassing by virtue of article L223-2 of the Consumer Code.
XVII. Customer service contact details and hours
For any information or questions, our Customer Service is at your disposal:
- by e-mail to contact@mlle-agathe.fr ;
- by telephone on 02 43 38 21 21 Monday to Thursday: 9 a.m. – 5.30 p.m. Friday: 9 a.m. – 4.30 p.m.;
- by post to the following address: GP DIFFUSION ZA Bel Air 72500 LUCEAU
APPENDIX I
