The Blancrème shop is an e-commerce website that can be accessed on the internet at the address blancreme.com. Any internet user can access it. It is published by the company Épicerie Fine Cosmétique, trading as Blancrème, a French SARL (limited liability) company with share capital of €338,160, registered in the Paris Trade & Companies Register under the number 509 251 385, the registered office of which is located at 102 Avenue des Champs-Élysées, 75008 Paris, France.
Siret (French business registration) number:
- 509 251 385 00043
- T: +33 (0) 612 415 307
- @: firstname.lastname@example.org
The website enables Épicerie Fine Cosmétique to offer for sale cosmetics products to internet users who browse the website.
The purchaser, prior to ordering, represents that he or she has full legal capacity, which enables him or her to agree to these General Terms & Conditions of Sale.
Any and all orders of a product offered for sale on the website imply that the purchaser has read and has expressly agreed to these General Terms & Conditions of Sale, without, however, said agreement having to be confirmed by means of the user signing a document in handwriting. In accordance with the provisions of articles 1316 to 1316-4 of the French Civil Code, supplemented by French Decree no. 2001-272 of 30 March 2001, enacted to implement Article 1316-4 of the French Civil Code in relation to electronic signatures, it is reminded that definitive confirmation of an order, as defined in Clause 3.3 hereinafter, constitutes an electronic signature that has, between the parties, the same legal value as a handwritten signature.
The products are offered for sale in the following geographical territories: Metropolitan France, Corsica and in Europe (in accordance with the list of countries detailed in Clause 6.2).
It is specified that the user may save or print these General Terms & Conditions of Sale, provided, however, that the user does not amend them.
The Purpose of these General Terms & Conditions of Sale is, firstly, to inform any potential consumers of the terms and conditions under which the vendor sells and delivers products that are ordered and, secondly, to set out the rights and obligations of the parties within the framework of said sale of products, by the vendor to the consumer. These terms and conditions apply, unrestrictedly and unreservedly, to all sales made by the company Épicerie Fine Cosmétique, of the products offered for sale on its website.
The company Épicerie Fine Cosmétique reserves the right to amend these General Terms & Conditions of Sale at any time. In such case, the terms and conditions that apply shall be those in force as of the date on which the order was placed by the purchaser.
2. Products and prices
In accordance with Article L. 111-1 of the French Consumer Code, the user may, prior to placing an order, take cognizance, on the Blancrème website, of the essential characteristics of the product or products that he or she wishes to order.
The purchaser selects one or more products from the various categories on Blancrème’s website.
The offers for sale made by Épicerie Fine Cosmétique are valid while stocks last.
The sale prices of the products offered for sale online on Blancrème’s website, which are in euros (€), are the prices applicable at the time a purchase order is recorded by a purchaser.
The prices do not include postage & packing costs, which are invoiced in addition to the prices of the products purchased, depending on the amount of the order (an order may qualify for free delivery, see below). Postage & packing costs shall be specified before the purchaser is prompted to record his or her order.
Prices include French value added tax (VAT) at the rate applicable on the day of the order, and any changes to the applicable rate shall automatically have the effect of increasing or decreasing, as applicable, the prices of the products sold by Épicerie Fine Cosmétique via its website.
The sale prices of products may be amended by Épicerie Fine Cosmétique at any time. Said amendments shall be notified to the purchaser prior to the latter placing any orders.
3. Recording and confirming orders
3.1 Browsing on the website
The user can familiarise himself or herself with the various products offered for sale by Épicerie Fine Cosmétique on its website. The user can browse freely on the different pages of the website, without, by any manner of means, being obligated to place an order.
The user shall bear the expense of telecommunication costs that arise out of his or her accessing of the internet and use of the website.
The placing of any and all orders implies unrestricted and unreserved agreement on the part of the purchaser with these General Terms & Conditions of Sale.
From the point at which a purchaser has recorded his or her order by clicking on the “Confirm my order” button, the purchaser is deemed to have agreed to, in full knowledge of the facts and unreservedly, these General Terms & Conditions of Sale, and likewise the prices, volumes and quantities of products offered for sale and ordered.
If a user wishes to place an order, he or she shall choose the various products that are of interest thereto, and shall express said interest by clicking on the “Add to basket” button.
At any time, the purchaser may:
- View a summary of the products that he or she has selected, or change his or her order, by clicking on the “Basket” icon, which is located at the top right of every page;
- Keep selecting products by clicking on the “Continue shopping” button;
- And lastly, when a purchaser has finished selecting products, order them by clicking on the “Confirm my order” button.
To order the products that he or she has chosen in this way, the purchaser clicks on the “Confirm my order” button. A summary of his or her order shall then appear on the screen. If the list that is displayed does indeed match up with the products that the purchaser selected, then he or she shall approve the summary by clicking on “Confirm my order”. The purchaser shall then have to log in to the website, by entering his or her email address and password, by logging in using his or her Facebook account, or by properly completing the form provided thereto, by means of which the purchaser shall in particular supply the information that is required to identify him or her, in other words his/her first name, surname and postal address.
The purchaser is hereby notified of and agrees to the following: the entry of any and all login details is deemed to constitute proof of his/her identity and expresses the consent thereof.
Once the purchaser has logged in to the website, a purchase order shall appear on-screen, which summarises the details of the order – the types, quantities and prices of the products selected by the purchaser, and likewise the total amount of the order, the purchaser’s name, address and phone number details, and the address to which the products are to be delivered.
3.3 Definitive confirmation of an order
After the purchaser has read the purchase order, and once he or she has completed all the details required, the purchaser shall click on the “Confirm my order” button to pay for the order. The purchaser shall choose the payment method that he or she wants to use to pay for the order, it being understood that he or she must be in a position to use one of the payment methods set out in Clause 4 hereinafter. The purchaser shall click on the button for the payment method he or she has chosen to use.
The sale shall only be deemed to be definitive once an order confirmation has been sent to the purchaser by Épicerie Fine Cosmétique and once the latter party has received payment of the full price. Épicerie Fine Cosmétique recommends that the purchaser keep the order confirmation on file, in the form either of a paper or of an electronic document.
Any and all fraudulent orders and orders that are presumed to be fraudulent shall be deemed by Blancrème to be null and void.
Payment must be made by the purchaser at the time of the order. At no time shall sums paid be considered to be deposits or down payments.
All orders must be paid for in euros. The purchaser guarantees to Épicerie Fine Cosmétique that he or she is authorised, where applicable, to use the payment method that he or she has chosen to use, at the time of recording of a purchase order.
Épicerie Fine Cosmétique reserves the right to suspend or to cancel any and all orders and/or deliveries, irrespective of the nature thereof and of the stage of performance the order is at, in the event of non-payment of any and all sums that may be payable by the purchaser, in the event of a payment incident or in the event of an existing dispute with the purchaser.
For all payments, Épicerie Fine Cosmétique reserves the right to require that a photocopy of the purchaser’s identity papers be provided thereto, and, where applicable, likewise as regards the owner of the payment method used by the purchaser. For sums exceeding €400 including VAT, Épicerie Fine Cosmétique reserves the right to require that a certified photocopy of identity papers be provided thereto.
Within the framework of the fight against internet fraud, data relating to your order may be forwarded to any and all third parties for verification.
To pay for an order, the purchaser may use the following payment method: bank card.
The bank cards accepted on the website are the following ones: French Cartes Bleues, Visa cards and Mastercards. Payments may be made using a bank card; they shall be processed using the Payzen secure system (an online payment tool provided by the French bank Le Crédit du Nord). The Payzen system employs the SSL (Secure Socket Layer) protocol, in such a way that data that are sent are encrypted by a software program, and in such a way that no third parties can decode them during the time they spend in transit on the internet. In the event of payment by bank card, the purchaser’s account shall be debited on the day of the order.
5. Choice of products
Since the purchaser has familiarised himself or herself with the products and with the characteristics thereof, in relation to the products that are offered for sale by Épicerie Fine Cosmétique, he or she, under his or her sole responsibility and in line with his or her requirements, as determined thereby beforehand and prior to him or her placing any and all orders, decides to purchase the product or products that he or she orders. Furthermore, since only the purchaser knows what products he or she has and uses, then only he or she can be the judge as regards the compatibility of the products ordered with those used by him or her.
The purchaser is exclusively responsible, if he or she does not consider himself or herself sufficiently knowledgeable, to get advice from someone.
6. Delivery and acceptance
6.1 General rules
The products shall be delivered to the address indicated by the purchaser on the purchase order, which must be in a country in the geographical areas previously agreed.
The default email address to which invoices are sent is the email address supplied by the customer when he or she created an account on the website.
6.2 Delivery particulars
Delivery to the purchaser can be made at his or her home address, at an address of the choosing thereof, or at a Mondial Relay “Point Relais” (parcel collection point). If the purchaser opts for delivery at his or her home address, then delivery shall be made by a postman or postwoman.
The mandatory contribution towards postage & packing is €5.90 for Colissimo home address deliveries and €3.90 for deliveries made to Mondial Relay “Points Relais” (parcel collection points). This fee only applies to deliveries in Metropolitan France (including Corsica and Monaco).
The amounts of mandatory contributions towards postage & packing in respect of deliveries in Europe depend on the country of delivery.
“Colissimo” delivery at home:
- Belgium, Germany, Luxembourg and the Netherlands: €9.90;
- Portugal, Spain and the United Kingdom: €10.90;
- The Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia, Switzerland: €12.90.
Mondial Relay delivery to “Points Relais” (parcel collection points):
- Belgium, Luxembourg: €3.90;
- Spain: €8.90.
Free delivery when a purchaser spends:
- €60 on purchases of products;
- €40 on purchases of products when the delivery option chosen is delivery by Mondial Relay to a “Point Relais” (parcel collection point) in France, Belgium or Luxembourg.
The purchaser is obligated, in the presence of the post office employee or of the delivery person, to check the condition of the packaging and of the contents of the parcel, at the time of delivery.
Delivery timeframes, following confirmation of your order, are as follows:
- Colissimo home delivery: within France, 3 to 5 business days; as regards the other countries where the service is available, 5 to 7 business days;
- Mondial Relay: 4 to 6 business days within France, 4 to 7 business days as regards the other countries.
All orders confirmed before 12 midday French time (i.e. CET/CEST), from Monday to Friday (excluding French public holidays) are, generally speaking, processed on the same day, provided that the products ordered are in stock. And all orders that are confirmed between 12 midday French time on a Friday and Sunday evening are, generally speaking, processed on the following Monday (if the Monday is not a public holiday).
Any non-compliance that may occur in relation to the timeframes set out above entitles a purchaser to cancel his or her order and to be refunded. An order must be cancelled by means of a complaint (in the form of an email or of a letter), made to Épicerie Fine Cosmétique’s customer service department.
Should you want to submit a complaint:
- By email using our contact form
- By post, by writing to us the following address: Blancrème-Épicerie Fine Cosmétique, 39 Route d’Herqueville, 27430 Andé, France.
In accordance with Article L. 216-3 of the French Consumer Code, refunds shall be provided in respect of orders not delivered within the timeframes agreed above, no later than 14 days from the point in time at which the customer makes his or her complaint, subject to the customer having paid the full price for the order.
In the event that a refund is not made within the timeframe set out above, the sum paid by the purchaser shall, by operation of law, be increased by 10% if the refund is made within 30 days following the refund deadline, by 20% up to 60 days and by 50% subsequently.
6.4 Products out of stock
Products are offered for sale while stocks last. In the event that one of the products is not available, the purchaser shall be notified of the situation as soon as possible. The purchaser shall be notified, insofar as possible, in the following fashion:
- While the purchaser is browsing and adding items to his or her basket;
- Following confirmation of an order, but prior to delivery, by means of an email. Épicerie Fine Cosmétique shall then do the necessary vis-à-vis Le Crédit du Nord to have the price or prices of the product or products that are unavailable subtracted from the amount charged to the purchaser’s bank account, if the payment was made using a bank card.
In all the aforementioned cases, the purchaser shall have the option of cancelling his or her order by asking either for:
- A refund of the sums paid within 14 (fourteen) days at the latest after the sums were deducted, by sending an email to email@example.com;
- An exchange of the unavailable products.
7. Cooling-off period
In accordance with Article L. 221-18 of the French Consumer Code, the purchaser has a timeframe of 14 full days from the date of receipt thereof to return the products ordered, at his or her own expense, in order to get a refund.
The products must imperatively be returned, to Épicerie Fine Cosmétique, in a perfect condition to be resold, in their original condition (with respect to packaging, accessories, instructions, etc.), and a return number obtained in accordance with the procedure described in Clause 8 below must be enclosed therewith.
When a purchaser returns products, any and all risks relating to the return of the product is borne by the purchaser.
If the aforementioned conditions are met, then Épicerie Fine Cosmétique shall refund to the purchaser, within a timeframe of 14 days, the sums relating to the products acquired thereby and to postage & packing.
Épicerie Fine Cosmétique reserves the right to defer refunds to the time of receipt of returned products or to the time at which it receives evidence that products have been returned to it by purchasers.
As regards the statutory cooling-off period, the purchaser may obtain a “Contract Withdrawal Notification Form” . The purchaser may return it:
- By email: to the address firstname.lastname@example.org;
- By post, to the address: Blancrème-Épicerie Fine Cosmétique, 39 Route d’Herqueville, 27430 Andé, France.
8. Returning products by post
To return an item, a purchaser must first contact the company Épicerie Fine Cosmétique.
He or she can do so by sending an email to email@example.com, specifying the order number and the product references of the item or items in question, as listed in the delivery slip. Once the returns form has been completed and sent back to Épicerie Fine Cosmétique, then the purchaser shall send the parcel in question to Épicerie Fine Cosmétique; in the event that the purchaser has withdrawn from a contract, then he or she shall bear the cost thereof, and in the event that a product defect has been acknowledged, then we shall bear the cost thereof. The purchaser must send the parcel to:
Blancrème-Épicerie Fine Cosmétique,
39 Route d’Herqueville,
27430 Andé, France.
Épicerie Fine Cosmétique shall not accept parcels sent on a postage-due basis.
In the event that the product or the products delivered are affected by non-conformity defects or by patent defects, then in accordance with Article L. 217-9 of the French Consumer Code, the product or products concerned shall be replaced for the purchaser free of charge, since no further delivery costs or costs of any other kind shall be charged thereto. In the event that the product or products were to be out of stock for more than one month, then the purchaser would be refunded.
9. Retention of title clause
Épicerie Fine Cosmétique retains full title of the products sold until they are paid for in full, meaning payment of the principal sum, of expenses and of taxes.
Épicerie Fine Cosmétique shall not be held liable for non-performance of the agreement in the event that products are out of stock or that products are unavailable due to a case of force majeure, due to a case of disruption or of full or partial strikes, in particular strikes of postal staff, of transport staff and/or of communications staff.
11. Severability clause
If one or more stipulations of these General Terms & Conditions of Sale are held to be invalid or declared to be invalid in application of an Act, regulations or following a definitive ruling made by a competent court, then the other stipulations hereof shall continue to be fully enforceable and the scope thereof shall remain unchanged.
12. No waiver clause
The fact that one of the parties does not take action in relation to a breach, committed by the other party, of any one whatsoever of the obligations set out in these General Terms & Conditions of Sale, cannot be interpreted in the future as a waiver of the obligation in question.
13. Information technology and civil liberties
13.1 Personal data
The provision of personal data that are collected within the framework of distance selling is mandatory, since said data are necessary to process and to deliver orders and also to draw up receipts. Said data are strictly confidential. If all such data are not supplied, then the corresponding order is rejected automatically.
In accordance with French Act no. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the processing of personal data that are collected on the website has been declared to the Commission Nationale de l’Informatique et des Libertés (Cnil, the French Data Protection Authority). The user has the right to access data concerning him or her, the right to have it rectified and the right to have it deleted. To exercise these rights, users must send a letter to the customer service department of Épicerie Fine Cosmétique, at the following address: Blancrème-Épicerie Fine Cosmétique, 39 Route d’Herqueville, 27430 Andé, France.
Épicerie Fine Cosmétique reserves the right to place cookies on the computers of visitors to its website. A cookie does not enable us to identify you. A cookie is a computer file that is stored on the hard disk of a user’s personal computer. The purpose of cookies is to tell us if a user has previously visited the website. Cookies are only used by Épicerie Fine Cosmétique for the purpose of personalising the service provided to users of the website.
14. Intellectual property
All the items on the Blancrème website are the exclusive intellectual property of Épicerie Fine Cosmétique. It is prohibited to reproduce, exploit, disseminate or use in any way, shape or form whatsoever, even in part, the items on the website, whether they be software items, visual items or sound items.
15. Applicable law, competent courts and mediation
Product sales made by the company Épicerie Fine Cosmétique are subject to French law. Any and all disputes in relation to the interpretation, the performance and/or the termination of the agreement entered into between Épicerie Fine Cosmétique and the purchaser shall be governed by Article R. 631-3 of the French Consumer Code: “A consumer can refer a matter to, apart from one of the courts that is territorially competent by virtue of the French Code of Civil Procedure, a court within the territorial jurisdiction of which he was living at the time the agreement was entered into or at the time of the harmful event. ”
In the event that it was not possible for the customer service department of Épicerie Fine Cosmétique to settle a dispute, then the customer may call upon the services of a mediator as regards the matter.
This is in accordance with Articles L. 611-1 and R. 612-1 et seq. of the French Consumer Code concerning the out-of-court settlement of disputes. When a consumer has sent a written complaint to Épicerie Fine Cosmétique and has not obtained satisfaction or a reply within a period of two months, he or she can submit the complaint in question, free of charge, to the consumer affairs mediator. The complaint must be referred to the mediator within a maximum timeframe of one year from the date of the initial complaint.
The mediator is MEDIATION-NET, Paris, France. The complaint may be referred to Médiation-Net directly online via its website, by email using the address firstname.lastname@example.org, or by means of a letter, sent to the following address: MEDIATION-NET Consommation, 3 Rue des Morillons, 75015 Paris, France.
Moreover, the European Commission has also put in place an online dispute-resolution platform.