General terms and conditions of sale
These General Terms and Conditions of Sale (hereafter “GTC”) govern the sale of the products offered on the site https://www.passioncosmeticsparis.com/en (hereinafter “the Site”) by the limited liability company Passion Cosmetics Paris with capital of 35,000 euros, registered in the Nanterre Trade and Companies Register under number 750 286 866 and headquartered at 5 rue Séverine 93380 Pierrefitte-sur-Seine, France, represented for the purposes hereof by its manager, duly authorised and acting in this capacity.
They apply to all orders placed on the Site, regardless of the delivery method chosen.
These GTC are subject to change and modification. The applicable GTC are therefore those in force at the date of order confirmation.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions available previously on the Site. However, if any condition is found to be lacking, it will be considered to be governed by the current practices in force among online sales companies headquartered in France.
The Customer may save and print the GTC, which are available on the Site.
The Customer is reminded that any person or legal entity making a purchase on the Site for professional purposes is excluded from the provisions of the French Consumer Code.
The Customer acknowledges having read all the aforementioned information and the GTC prior to placing their order.
The fact of placing an Order for Products on the Site implies unconditional acceptance of the GTC.
1. Definitions
For the purposes of understanding and interpreting these General Terms and Conditions of Sale, the following terms are defined as follows:
Buyer: The person who places an order on the Site, also called “Customer”.
GTC: These General Terms and Conditions of Sale.
Customer: The person who places an order on the Site, also called “Buyer”.
Order: The contract concluded electronically on the Site binding the Customer and Passion Cosmetics Paris for any sale via the Site of Products offered for sale on the Site.
Passion Cosmetics Paris: The company managing the Site.
Products: The cosmetics and beauty products sold by Passion Cosmetics Paris.
Site: The website https://www.passioncosmeticsparis.com/en as well as all its sub-domains.
User: Any person browsing the Site without first registering and/or placing an Order.
Terms and definitions given in the singular include the plural and vice versa.
2. Presentation of Passion Cosmetics Paris
Passion Cosmetics sells on the Site wholesale Products intended for professionals.
3. Purpose of these GTC
3.1. Sale of cosmetics and beauty products
The purpose of the GTC is to define the conditions under which Passion Cosmetics Paris sells the Products.
3.2. Sale to professionals
The Products sold on the Site are intended exclusively for professionals – companies, administrations, associations, craftspeople, retailers and liberal professions – acting within the scope of their commercial, industrial, artisanal or liberal activity, established in metropolitan France. They are also intended for resellers acting independently or as part of a network. Sales outside metropolitan France and for export are also subject to these GTC.
4. Registration on the Site
Users must register on the Site to be able to purchase its Products (creation of an account).
To create an account, the User must fill in the form on the Site.
Any User who creates an account first warrants Passion Cosmetics Paris that they have the authority and are entitled to do so in the exercise of their profession.
The User must prove to Passion Cosmetics Paris their status as a professional.
Consequently, the User undertakes to provide, when creating an account, exact information in the registration form and to provide:
- their business registration number
- their SIRET number
- their intra-community VAT number
- their corporate registration certificate (Kbis)
The User creating the account must declare themselves to be the legal representative of the entity for which they are placing an Order, or at least authorised to place an Order.
They must also provide Passion Cosmetics Paris with valid proof of identity should Passion Cosmetics Paris request it.
The User undertakes not to use a pseudonym or e-mail address that could infringe the rights of third parties (in particular use of a family name, pseudonym, trademark of a third party, or of works protected by copyright and/or related rights) for any reason whatsoever and on whatever basis.
Each of the fields used in the form to collect data provides information indicating whether the requested data is compulsory or optional. If communication of the data is compulsory and the User fails to provide it, the User’s registration request will not be processed.
5. Products
5.1. Product characteristics
The Buyer can read about the main characteristics of the Products offered for sale by Passion Cosmetics Paris on the Site.
Passion Cosmetics Paris takes the greatest care when providing visuals of the Products featured on the Site.
However, due to computer processing of images and despite all the care taken in creating these visuals, Product dimensions and/or shades and/or packaging may be slightly different from reality.
These visuals serve only an illustrative purpose, and if there is a difference between the image and the description on the Product fact sheet, the description on the Product fact sheet will always prevail.
5.2. Product availability
The offers presented on the Site are valid, in the absence of any indication to the contrary of a particular duration, as long as the Products appear in the e-catalogue and while stocks last.
In any event, and in case of total or partial Product unavailability after the Order has been placed, the Buyer will be informed by e-mail as soon as possible of the unavailability of a Product and of the total or partial cancellation of their Order. In this case, the Buyer will receive a credit note or will be refunded the price of the unavailable Product as soon as possible.
6. Prices
The prices of the Products sold on the Site are indicated in euros and are exclusive of tax.
The prices are those in force when the Order is confirmed by the Buyer. They are valid in metropolitan France, Corsica and Monaco. Prices do not include shipping costs, which are invoiced in addition to the price of the Products, and which the Buyer is informed of before registering the Order.
Passion Cosmetics Paris may change the sale price of Products at any time. However, Products are invoiced at the price in force when the Buyer confirms their Order, subject to the availability of the ordered Products. Any customs duties or local taxes will be borne entirely by the Buyer.
7. Order
Any Order form signed by the Customer by means of a “double click” constitutes an irrevocable acceptance which can be called into question only within the limits of the cases provided for in this contract.
8. Order process
The Site allows you to order a selection of Products via the Internet. Any Buyer who wishes to buy a Product online must follow the procedure described below:
1) Identify yourself on the Site (e-mail address and password)
or *create an account for new Customers
2) Select the item(s) and add them to your shopping bag
3) Check the details of your Order, the total price and correct any errors before confirming your Order (article 1127-2 of the French Civil Code)
4) Finalise your Order by choosing a delivery method and payment option
As soon as the Order is registered, a detailed summary will be sent to the Buyer’s e-mail address provided at the time of registration.
This e-mail summarises all aspects of the Order as well as the invoiced amount of the Order, which the Buyer undertakes to read and accept.
If incorrect information is provided, Passion Cosmetics Paris cannot be held responsible for the consequences this might generate or for the inability to deliver. In case of a delivery delay or error due to incorrect information, all costs incurred by Passion Cosmetics Paris for the purposes of reshipping the Order will be borne fully by the Buyer.
The Buyer will check the details of their Order and its total price. They have the opportunity to correct any possible errors before confirming the Order as part of a second step.
Confirmation of the Order implies acceptance on the part of the Buyer of the General Terms and Conditions of Sale, acknowledgement of having had full knowledge of these General Terms and Conditions of Sale and, where applicable, renunciation of the right to invoke their own terms and conditions of sale or other conditions.
It is up to the Customer to keep the Order number provided by Passion Cosmetics Paris and which they will for example be asked for in case of any subsequent complaint.
Finally, Passion Cosmetics Paris reserves the right to refuse any Order of an abnormal nature, particularly with regard to the quantities ordered.
9. Payment
Passion Cosmetics Paris retains full ownership of the goods sold until full payment of the price by the Buyer, including any additional costs, taxes and mandatory contributions. A detailed invoice will be provided upon delivery of the goods and/or sent by e-mail.
Passion Cosmetics Paris reserves the right to refuse any Order from a Buyer with whom a payment dispute is in progress or from a Buyer who has not paid in whole or in part a previous Order.
The following means of payment are accepted:
9.1. Credit card
The following credit cards are accepted on the Site: Carte Bleue, Visa, Eurocard/Mastercard, by indicating directly in the fields provided for this purpose (data entry secured by SSL encryption) the number of the card, without spaces between the numbers, its validity date and its control code.
The credit card will be debited with the total amount of the Order immediately after confirmation.
In case of partial delivery, Passion Cosmetics Paris will send a credit note to the Customer or, at their request, the credit card used for the purchase will be re-credited with the amount of the unavailable item(s).
Passion Cosmetics Paris is the sole recipient of data relating to the Customer’s Order.
Data is processed automatically for the purposes of analysing transactions and preventing credit card fraud.
Non-transmission of order-related data prevents analysis and thus the completion of the purchase.
If an Order is not paid due to fraudulent use of a bank card, the details relating to this unpaid Order will be recorded in a payment incident file.
Any irregular declaration or anomaly may also be specifically dealt with.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify and object to the processing of your personal data at any time by sending an e-mail with proof of your identity to:
Passion Cosmetics Paris
5 rue Séverine
93380 Pierrefitte-sur-Seine, France
9.2. PayPal
The Buyer may use their PayPal account to pay for their Order.
Once the Order has been completed and PayPal chosen as payment method, the Buyer is sent to the PayPal site to pay for the Order. The Order amount is debited from the PayPal account.
If the Order is cancelled, the amount will be refunded to the Buyer’s PayPal account.
Any Buyer making a payment using PayPal is deemed to have read and fully accepted their terms of use available on the PayPal website.
When using this payment method, no banking information concerning the Buyer will transit via the Site.
9.3. Bank transfer
The Buyer may pay for the Order by bank transfer.
The bank details of Passion Cosmetics Paris will be communicated to the Customer on confirming the Order.
10. Ownership
The Products delivered to the Customer remain the property of Passion Cosmetics Paris until the Customer has paid the total price (principal and ancillary costs) owed for their Order.
Payment within the meaning of this clause is understood to mean the actual receipt of the amount by Passion Cosmetics Paris.
However, transfer of risk takes effect upon actual delivery of the Products ordered on the Site.
11. Delivery
11.1. General rules
Once the Order has shipped, the Buyer will receive an e-mail containing the parcel reference, the address and the delivery terms. Products are delivered within France and in all the countries listed in Appendix 1.
11.2. Terms and conditions of delivery
For orders weighing 30 kg or less:
Express delivery by CHRONOPOST. Average delivery times for shipments by CHRONOPOST are between 1 and 2 working days from confirmation of payment. These times are average times for the services in question. Product delivery times may not exceed 15 days from the date of confirmation of the payment of the Order by the Customer. The Product will be considered to be delivered the first time it is presented at the address indicated by the Customer when placing the Order. In case of absence, the Customer will be responsible for recovering the Product at the appropriate place.
For orders weighing more than 30 kg:
Passion Cosmetics Paris reserves the right to choose the most suitable mode of transport according to the nature of the Product, its weight and its volume.
Average delivery times are between 1 and 5 working days from confirmation of payment. These times are average times for the services in question. Product delivery times may not exceed 15 days from the date of confirmation of the payment of the Order by the Customer. The Product will be considered to be delivered the first time it is presented at the address indicated by the Customer when placing the Order. In case of absence, the Customer will be responsible for recovering the Product at the appropriate place.
If the above delivery deadlines, depending on the weight of the Order, cannot be respected by Passion Cosmetics Paris, an e-mail will be sent to the Customer proposing a new delivery date. In any event, if the delivery deadlines indicated above are exceeded by more than 7 days, the Customer may cancel all Orders within a period of 60 working days by registered letter with acknowledgement of receipt, in accordance with the legal provisions. In this case, Passion Cosmetics Paris will refund the Product within a maximum of 30 days from the date of receipt of the cancellation letter, to the exclusion of any other penalty.
12. Invoicing
An invoice will be sent automatically to the Customer on placing an Order. It will be sent to the e-mail address provided by the Customer when placing the Order, unless otherwise indicated by the Customer.
13. Verification - Satisfaction guarantee
13.1. Verification of parcels on delivery
The Customer must check for any apparent damage as soon as the Product is delivered. In case of apparent damage (e.g. damaged parcel, already opened, etc.), the Customer may:
- refuse the parcel
- or accept it with reservation
The Customer is informed that all Products are checked before shipment and that they must also be checked upon receipt. If delivery of an Order is accepted without reservation, no complaint may be made concerning this Order.
The Customer must confirm refusal of the parcel and any reservations at the latest within three working days of delivery by sending a registered letter with acknowledgement of receipt to the carrier (or postal service) with a copy sent by regular mail to Passion Cosmetics Paris at the following address: Service Commandes, 5 rue Séverine 93380 Pierrefitte-sur-Seine, France.
13.2. Satisfaction guarantee
Passion Cosmetics Paris offers a satisfaction guarantee.
Under this guarantee, the Buyer has seven (7) days from the day of receiving the Order to return it, without having to give any reasons for their decision or paying any penalties, with the exception of the cost of returning the Product, which they must bear.
This offer does not apply to:
- Goods that are unsealed after delivery
- Goods that cannot be returned for reasons of hygiene or health protection
In the event of a discrepancy between the items returned and the attached invoice, Passion Cosmetics Paris will not proceed with a refund.
Any Buyer wishing to exercise their right to return a Product must inform Passion Cosmetics Paris Customer Service within seven (7) days of Order delivery by e-mail at the following address: contact@passioncosmeticsparis.com.
Any Buyer wishing to exercise their right to return a Product must return the Product in the original packaging within seven (7) days to:
PASSION COSMETICS PARIS
5 rue Séverine
93380 Pierrefitte-sur-Seine, France
The costs of returning the Products remain the responsibility of the Buyer.
14. Product warranties - After-sales service
14.1. Legal warranty against latent defects
Passion Cosmetics Paris is bound, in accordance with Article 1641 of the French Civil Code, by the legal warranty against latent defects:
“The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.”
A latent defect is:
- a defect
- which makes the item delivered unfit for the use one would expect of the good
- that is not visible at the time the good is purchased (or delivered)
- that existed on the day of sale (thus, normal wear and tear is not covered by the warranty)
In accordance with article 1648 of the French Civil Code:
“An action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
14.2. Contractual warranty - Non-conformity of a Product on delivery
If the Product delivered does not correspond to the Product ordered or if the Product arrives damaged upon delivery to the Customer, Passion Cosmetics Paris will, at the Customer’s discretion, issue either a credit note for the amount of the Product or refund the amount, at no cost to the Customer.
The Customer must inform Passion Cosmetics Paris of the refusal of delivery or lack of conformity upon delivery by sending an e-mail to: contact@passioncosmeticsparis.com.
This e-mail must be sent to Passion Cosmetics Paris within 48 hours of the delivery (or the refusal of delivery) of the Product.
The Customer must specify in this e-mail the Product concerned (reference number) as well as the reasons for refusing delivery or for the complaint.
In addition to sending this e-mail to Passion Cosmetics Paris, the Customer must comply with the procedure described in Article 13.1 above concerning the formulation of reservations to the carrier (or services in question).
Passion Cosmetics Paris will inform the Customer by e-mail or by telephone of the conditions for returning the non-compliant Product. No Product may be returned by the Customer without the prior agreement of Passion Cosmetics Paris.
The Customer will receive a return number assigned by Passion Cosmetics Paris.
The non-compliant Product must be returned or recovered by Passion Cosmetics Paris in the state in which it was received, in its original packaging and with all components and accessories delivered (instructions for use, miscellaneous accessories, etc.).
The Customer must also specify in writing the return number assigned by Passion Cosmetics Paris.
Passion Cosmetics Paris can only refund or credit the amount of the non-compliant or damaged Product once the said Product has been returned to Passion Cosmetics Paris.
The sum will be refunded within a maximum of 30 days from the return of the non-compliant Product.
14.3. After-sales service
Warranty claims should be addressed to the after-sales service:
- by e-mail at: contact@passioncosmeticsparis.com
- by phone: +33 (0)1 76 54 39 74
- by post to the following address:
Passion Cosmetics Paris
5 rue Séverine
93380 Pierrefitte-sur-Seine, France
The Products covered by warranties must be returned in their original packaging, or failing that in packaging suitable for transport, accompanied by any leaflets and accessories and a legible copy of the invoice.
15. Liability
Passion Cosmetics Paris will in no way be held liable for any damage of any kind incurred as a result of improper use of the Products by the Buyer.
Passion Cosmetics Paris, in the process of selling online, is bound only by an obligation of means; it cannot be held liable for any damage resulting from use of the Internet, such as data loss, intrusion, viruses, disruption of service, or any other unintended problems.
Similarly, the liability of Passion Cosmetics Paris cannot be sought in case of non-performance or poor performance of the contract due to the actions of a third party or a case of force majeure.
16. Force majeure
Passion Cosmetics Paris can in no way be held liable for the non-performance of the Order in case of force majeure.
By express agreement, the following are also considered cases of force majeure: product unavailability, disturbances, strikes (including on the part of carriers), theft or loss by the carrier, natural disasters, war, riots, fire, stock shortage, any other natural disaster, even if the conditions of unpredictability, irresistibility and externality are not met.
Concerning Products purchased to meet professional needs, Passion Cosmetics Paris will not incur any liability for any indirect damages resulting from these General Terms and Conditions of Sale, operating loss, loss of profit, damages or expenses which may arise.
17. Cryptology
The Site has a security system that uses the SSL (Secure Sockets Layer) security protocol to encrypt the Customer’s banking information.
The information concerned by this security system is described in the “Legal Information” section of this Site.
18. Electronic signature
The “double click” required for the authentication and non-repudiation procedure and to protect the integrity of messages constitutes an electronic signature.
In accordance with the law of 13 March 2000, this electronic signature has the same value between the parties as a handwritten signature.
19. Anti-fraud measures
As part of the fight against fraud, Passion Cosmetics Paris may carry out automatic checks on the information provided, including invoicing, delivery and bank details.
20. Intellectual property
In accordance with the laws governing intellectual property (literary and artistic property rights, industrial property rights), this Site and all the elements, brands, images, models, logos, graphics, etc. found on this Site are the exclusive property of Passion Cosmetics Paris and its partners, which do not grant any licence or any right other than that of consulting the Site. Reproduction or use of all or part of these elements is authorised exclusively for information purposes for personal and private use. Any reproduction and use of copies made for other purposes is expressly prohibited.
Any other use constitutes an infringement and is punishable under the intellectual property laws, unless prior written permission is received from Passion Cosmetics Paris.
21. Entire contract
These General Terms and Conditions of Sale express the entirety of the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these General Terms and Conditions of Sale.
22. No waiver
The fact that Passion Cosmetics Paris chooses not to take action following a breach by the Customer of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
23. Personal data - Cookies
Passion Cosmetics Paris collects the personal data of Buyers. The Buyer is informed that this automated data processing has been declared to the CNIL (Declaration no. 2066301V0). The purposes and recipients of and the conditions under which Passion Cosmetics Paris collects and processes the Buyer’s personal data as well as the rights of the Buyer with regard to this processing of personal data are described in the “Personal Data and Cookies” charter present on this Site. In accordance with the French Data Protection Act of 6 January 1978, the Buyer has the right to access and rectify their personal data in the “My Account” section of the Site.
24. Applicable law, disputes
These General Terms and Conditions of Sale online are subject to French law, in accordance with European directives, notwithstanding any rules relating to conflicts of laws. In the event of a dispute, the parties will favour an amicable settlement.
In case of dispute, the electronic registers, kept on the servers of Passion Cosmetics Paris as well as on the servers of its banks, will be considered proof of the communications, Orders and payments between the parties.
Any dispute relating to the interpretation or execution of this contract between Passion Cosmetics Paris and the Buyer will be brought before the Courts of Paris.
